> GENERAL FRAMEWORK AGREEMENT FOR PEACE IN BOSNIA AND HERZEGOVINA > > --------------------------------------------------------------------------- > The Republic of Bosnia and Herzegovina, the Republic of Croatia and the > Federal Republic of Yugoslavia (the "Parties"), > > Recognizing the need for a comprehensive settlement to bring an end to the > tragic conflict in the region, > > Desiring to contribute toward that end and to promote an enduring peace and > stability, > > Affirming their commitment to the Agreed Basic Principles issued on > September 8, 1995, the Further Agreed Basic Principles issued on September > 26, 1995, and the cease-fire agreements of September 14 and October 5, > 1995, > > Noting the agreement of August 29, 1995, which authorized the delegation of > the Federal Republic of Yugoslavia to sign, behalf of the Republika Srpska, > the parts of the peace plan concerning it, with the obligation to implement > the agreement that is reached strictly and consequently, > > Have agreed as follows: > > Article I > > The Parties shall conduct their relations in accordance with the principles > set forth in the United Nations Charter, as well as the Helsinki Final Act > and other documents of the Organization for Security and Cooperation in > Europe. In particular, the Parties shall fully respect the sovereign > equality of one another, shall settle disputes by peaceful means, and shall > refrain from any action, by threat or use of force or otherwise, against > the territorial integrity or political independence of Bosnia and > Herzegovina or any other State. > > Article II > > The Parties welcome and endorse the arrangements that have been made > concerning the military aspects of the peace settlement and aspects of > regional stabilization, as set forth in the Agreements at Annex 1-A and > Annex 1-B. The Parties shall fully respect and promote fulfillment of the > commitments made in [ Annex 1-A, and shall comply fully with their > commitments as set forth in Annex MOB. > > Article III > > The Parties welcome and endorse the arrangements that have been made > concerning the boundary demarcation between the two Entities, the > Federation of Bosnia and Herzegovina and Republika Srpska, as set forth in > the Agreement at Annex 2. The Parties shall fully respect and promote > fulfillment of the commitments made therein. > > Article IV > > The Parties welcome and endorse the elections program for Bosnia and > Herzegovina as set forth in Annex 3. The Parties . shall fully respect and > promote fulfillment of that program. > > Article V > > The Parties welcome and endorse the arrangements that have I been made > concerning the Constitution of Bosnia and Herzegovina, | as set forth in > Annex 4. The Parties shall fully respect and promote fulfillment of the > commitments made therein. > > Article VI > > The Parties welcome and endorse the arrangements that have been made > concerning the establishment of an arbitration tribunal, a Commission on > Human Rights, a Commission on Refugees and Displaced Persons, a Commission > to Preserve National Monuments, and Bosnia and Herzegovina Public > Corporations, as set forth in the Agreements at Annexes 5-9. The Parties > shall fully respect and promote fulfillment of the commitments made > therein. > > Article VII > > Recognizing that the observance of human rights and the protection of > refugees and displaced persons are of vital Unimportance in achieving a > lasting peace, the Parties agree to Behind shall comply fully with the > provisions concerning human rights set forth in Chapter One of the > Agreement at Annex 6, as well as the provisions concerning refugees and > displaced persons set forth in Chapter One of the Agreement at Annex 7. > > Article VIII > > The Parties welcome and endorse the arrangements that have been made > concerning the implementation of this peace settlement, including in > particular those pertaining to the civilian (non-military) implementation, > asset forth in the Agreement at Annex 10, and the international police task > force, as set forth in the Agreement at Annex 11. The Parties shall fully > respect and promote fulfillment of the commitments made therein. > > Article IX > > The Parties shall cooperate fully with all entities involved in > implementation of this peace settlement, as described in the Annexes to > this Agreement, or which are otherwise authorized by the United Nations > Security Council, pursuant to the obligation of all Parties to cooperate in > the investigation and prosecution of war crimes and other violations of > international humanitarian law. > > Article IX > > The Federal Republic of Yugoslavia and the Republic of Bosnia and > Herzegovina recognize each other as sovereign independent States within > their international borders. Further aspects of their mutual recognition > will be subject to subsequent discussions. > > Article XI > > This Agreement shall enter into force upon signature. > DONE at Paris, this day of , 1995, in the Bosnian, Croatian, English and > Serbian languages, each text being equally authentic. > > +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ > > AGREEMENT ON THE MILITARY ASPECTS OF AIR PEACE SETTLEMENT > > --------------------------------------------------------------------------- > The Republic of Bosnia and Herzegovina, the Federation of Bosnia and > Herzegovina, and the Republika Srpska (hereinafter the "Parties") have > agreed as follows: > > Article I > > General Obligations > > 1. The Parties undertake to recreate as quickly as possible normal > conditions of life in Bosnia and Herzegovina. They understand that this > requires a major contribution on their part in which they will make > strenuous efforts to cooperate with each other and with the international > organizations and agencies which are assisting them on the ground. They > welcome the willingness of the international community to send to the > region, for a period of approximately one year, a force to assist in > implementation of the territorial and other militarily related provisions > of the agreement as described herein. > > (a) The United Nations Security Council is invited to adopt a resolution by > which it will authorize Member States or regional organizations and > arrangements to establish a multinational military Implementation Force > (hereinafter "IFOR"). The Parties understand and agree that this > Implementation Force may be composed of ground, air and maritime units from > NATO and non-NATO nations, deployed to Bosnia and Herzegovina to help > ensure compliance with the provisions of this Agreement (hereinafter > "Annex"). The Parties understand and agree that the IFOR will begin the > implementation of the military aspects of this Annex upon the transfer of > authority from the UNPROFOR Commander to the IFOR Commander (hereinafter > 'Transfer of Authority") and that until the Transfer of Authority, UNPROFOR > will continue to exercise its mandate. > > (b) It is understood and agreed that NATO may establish such a force, which > will operate under the authority and subject to the direction and political > control of the North Atlantic Council ("NAC") through the NATO chain of > command. They undertake to facilitate its operations. The Parties, > therefore, hereby agree and freely undertake to fully comply with all > obligations set forth in this Annex. > > (c) It is understood and agreed that other States may assist in > implementing the military aspects of this Annex. The Parties understand and > agree that the modalities of those States' participation will be the > subject of agreement between such participating States and NATO. > > 2. The purposes of these obligations are as follows: > > (a) to establish a durable cessation of hostilities. Neither Entity shall > threaten or use force against the other Entity, and under no circumstances > shall any armed forces of either Entity enter into or stay within the > territory of the other Entity without the consent of the government of the > latter and of the Presidency of Bosnia and Herzegovina. All armed forces in > Bosnia and Herzegovina shall operate consistently with the sovereignty and > territorial integrity of Bosnia and Herzegovina; > > (b) to provide for the support and authorization of the IFOR and in > particular to authorize the IFOR to take such actions as required, > including the use of necessary force, to ensure compliance with this Annex, > and to ensure its own protection; and > > (c) to establish lasting security and arms control measures as outlined in > Annex 1-B to the General Framework Agreement, which aim to promote a > permanent reconciliation between all Parties and to facilitate the > achievement of all political arrangements agreed to in the General > Framework Agreement. > > 3. The Parties understand and agree that within Bosnia and Herzegovina the > obligations undertaken in this Annex shall be applied equally within both > Entities. Both Entities shall be held equally responsible for compliance > herewith, and both shall be equally subject to such enforcement action by > the IFOR as may be If necessarv to ensure implementation of this Annex and > the protection > > Article II > > Cessation of Hostilities > > 1. The Parties shall comply with the cessation of hostilities begun with > the agreement of October 5, 1995 and shall continue to refrain from all > offensive operations of any type against each other. An offensive operation > in this case is an action that includes projecting forces or fire forward > of a Party's own lines. Each Party shall ensure that all personnel and > organizations with military capability under its control or within > territory under its control, including armed civilian groups, national > guards, army reserves, military police, and the Ministry of Internal > Affairs Special Police (MUP) (hereinafter "Forcesn) comply with this Annex. > The term "Forces" does not include UNPROFOR, the International Police Task > Force referred to in the General Framework Agreement, the IFOR or other > elements referred to in Article I, paragraph 1 (c) . > > 2. In carrying out the obligations set forth in paragraph 1, the Parties > undertake, in particular, to cease the firing of all weapons and explosive > devices except as authorized by this Annex. The Parties shall not place any > additional minefields, barriers, or protective obstacles. They shall not > engage in patrolling, ground or air reconnaissance forward of their own > force positions, or into the Zones of Separation as provided for in Article > IV below, without IFOR approval. > > 3. The Parties shall provide a safe and secure environment for all persons > in their respective jurisdictions, by maintaining civilian law enforcement > agencies operating in accordance with internationally recognized standards > and with respect for internationally recognized human rights and > fundamental freedoms, and by taking such other measures as appropriate. The > Parties also commit themselves to disarm and disband all armed civilian > groups, except for authorized police forces, within 30 days after the > Transfer of Authority. > > 4. The Parties shall cooperate fully with any international personnel > including investigators, advisors, monitors, observers, or other personnel > in Bosnia and Herzegovina pursuant to the General Framework Agreement, > including facilitating unimpeded access and movement and by providing such > status as is necessary for the effective conduct of their tasks. > > 5. The Parties shall strictly avoid committing any reprisals, > counterattacks, or any unilateral actions in response to violations of this > Annex by another Party. The Parties shall respond to alleged violations of > the provisions of this Annex through the procedures provided in Article > VIII. > Article III > > Withdrawal of Foreiqn Forces > > 1. All Forces in Bosnia and Herzegovina as of the date this Annex enters > into force which are not of local origin, whether or not they are legally > and militarily subordinated to the Republic of Bosnia and Herzegovina, the > Federation of Bosnia and Herzegovina, or Republika Srpska, shall be > withdrawn together with their equipment from the territory of Bosnia and > Herzegovina within thirty (30) days. Furthermore, all Forces that remain on > the territory of Bosnia and Herzegovina must act consistently with the > territorial integrity, sovereignty, and political independence of Bosnia > and Herzegovina. In accordance with Article II, paragraph 1, this paragraph > does not apply to UNPROFOR, the International Police Task Force referred to > in the General Framework Agreement, the IFOR or other elements referred to > in Article I, paragraph 1 (c) . > > 2. In particular, all foreign Forces, including individual advisors, > freedom fighters, trainers, volunteers, and personnel from neighboring and > other States, shall be withdrawn from the territory of Bosnia and > Eerzegovina in accordance with Article III, paragraph 1. > > Article IV > > Redeplovment of Forces > > 1. The Republic of Bosnia and Herzegovina and the Entities L hall redeploy > their Forces in three phases: > > 2. PHASE I > > (a) The Parties immediately after this Annex enters into force shall begin > promptly and proceed steadily to withdraw all Forces behind a Zone of > Separation which shall be established on either side of the Agreed > CeaseFire Line that represents a clear and distinct demarcation between any > and all opposing Forces. This withdrawal shall be completed within thirty > (30) days after the Transfer of Authority. The precise Agreed Cease-Fire > Line and Agreed Cease-Fire Zone of Separation are indicated on the maps at > Appendix A of this Annex. > > (b) The Agreed Cease-Fire Zone of Separation shall extend for a distance of > approximately two (2) kilometers on either side of the Agreed CeaseFire > Line. No weapons other than those of the IFOR are permitted in this Agreed > Cease-Fire Zone of Separation except as provided herein. No individual may > retain or possess any military weapons or explosives within this four > kilometer Zone without specific approval of the IFOR. Violators of this > provision shall be subject to military action by the IFOR, including the > use of necessary force to ensure compliance. > > (c) In addition to the other provisions of this Annex, the following > specific provisions shall also apply to Sarajevo and Gorazde: > > SARAJEVO > > (1) Within seven (7) days after the Transfer of Authority, the Parties > shall transfer and vacate selected positions along the Agreed Cease-Fire > Line according to instructions to be issued by the IFOR Commander. > > (2) The Parties shall complete withdrawal from the Agreed Cease-Fire Zone > of Separation in Sarajevo within thirty (30) days after the Transfer of > Authority, in accordance with Article IV, paragraph 2. The width of this > Zone of Separation will be approximately one (l) kilometer on either side > of the Agreed CeaseFire Line. However, this Zone of Separation may be > adjusted by the IFOR Commander either to narrow the Zone of Separation to > take account of the urban area of Sarajevo or to widen the Zone of > Separation up to two (2) kilometers on either side of the Agreed CeaseFire > Line to take account of more open terrain. > > (3) Within the Agreed Cease-Fire Zone of Separation, no individual may > retain or possess any weapons or explosives, other than a member of the > IFOR or the local police exercising official duties as authorized by the > IFOR in accordance with Article IV, paragraph 2(b). > > (4) The Parties understand and agree that violators of subparagraphs (1), > (2) and (3) above shall be subject to military action by the IFOR, > including the use of necessary force to ensure compliance. > > GORAZDE > > (1) The Parties understand and agree that a two lane all-weather road will > be constructed in the Gorazde Corridor. Until such road construction is > complete, the two interim routes will be used by both Entities. > > The Grid coordinates for these alternate routes are: (Map References: > Defense Mapping Agency 1:50,000 Topographic Line Maps, Series M709, Sheets > 2782-1, 2782-2, 2782-3, 2782-4, 2881-4, 2882-1, 2882-2, > 2882-3, and 2882-4; Military Grid Reference System grid coordinates > referenced to World Geodetic System 84 (Horizontal Datum)): > > Interim Route 1: From Gorazde (34TCP361365), proceed northeast following > Highway 5 along the Drina River to the Ustipraca area (34TCP456395). At > that point, proceed north on Highway 19-3 through Rogatica (34TCP393515) > continuing northwest past Stienice (34TCP294565) to the road intersection > at Podromanija (34TCP208652). > >From this point, proceed west following Highway 19 to where > it enters the outskirts of Sarajevo (34Ts3P950601). > > Interim Route 2: From Gorazde (34TCP361365), proceed south following > Highway 20. Follow Highway 20 through Ustinkolina (34TCP218281). Continue > south following Highway 20 passing Foca along the west bank of > the Drina River (34TCP203195) to a point (34TCP175178) where the route > turns west following Highway 18. From this point, follow Highway 18 south > of Miljevina (34TCP097204) continuing through Trnovo > (34TBP942380) north to the outskirts of Sarajevo where it > enters the town at Vaskovici (34TBP868533). > > There shall be complete freedom of movement along these routes for civilian > traffic. The Parties shall only utilize these interim routes for military > forces and equipment as authorized by and under the control and direction > of the IFOR. In this regard, and in order to reduce the risk to civilian > traffic, the IFOR shall have the right to manage movement of military and > civilian traffic from both Entities along these routes. > > (2) The Parties understand and agree that violators of subparagraph (1) > shall be subject to military action by the IFOR, including the use of > necessary force to ensure compliance. > > (3) The Parties pledge as a confidence building measure that they shall not > locate any Forces or heavy weapons as defined in paragraph 5 of this > Article within two (2) kilometers of the designated interim routes. Where > those routes run in or through the designated Zones of Separation, the > provisions relating to Zones of Separation in this Annex shall also apply. > > (d) The Parties immediately after this Annex enters into force shall begin > promptly and proceed steadily to complete the following activities within > thirty (30) days after the Transfer of Authority or as determined by the > IFOR Commander: (1) remove, dismantle or destroy all mines, unexploded > ordnance, explosive devices, demolitions, and barbed or razor wire from the > Agreed Cease-Fire Zone of Separation or other areas from which their Forces > are withdrawn; (2) mark all known mine emplacements, unexploded ordnance, > explosive devices and demolitions within Bosnia and Herzegovina; and (3) > remove, dismantle or destroy all mines, unexploded ordnance, explosive > devices and demolitions as required by the IFOR Commander. > > (e) The IFOR is authorized to direct that any military personnel, active or > reserve, who reside within the Agreed Cease-Fire Zone of Separation > register with the appropriate IFOR Command Post referred to in Article VI > which is closest to their residence. > > 3. PHASE II (AS REQUIRED IN SPECIFIC LOCATIONS) > > This phase applies to those locations where the Inter-Entity Boundary Line > does not follow the Agreed Cease-Fire Line. > > (a) In those locations in which, pursuant to the General Framework > Agreement, areas occupied by one Entity are to be transferred to another > Entity, all Forces of the withdrawing Entity shall have fortyfive (45) days > after the Transfer of Authority to completely vacate and clear this area. > This shall include the removal of all Forces as well as the removal, > dismantling or destruction of equipment, mines, obstacles, unexploded > ordnance, explosive devices, demolitions, and weapons. In those areas being > transferred to a different Entity, in order to provide an orderly period of > transition, the Entity to which an area is transferred shall not put Forces > in this (90) days after the Transfer of Authority or as determined by the > IFOR Commander. The Parties understand and agree that the IFOR shall have > the right to provide the military security for these transferred areas from > thirty (30) days after the Transfer of Authority until ninety-one (91) days > after the Transfer of Authority, or as soon as possible as determined by > the IFOR Commander, when these areas may be occupied by the Forces of the > Entity to which they are transferred. Upon occupation by the Entity to > which the area is transferred, a new Zone of Separation along the > Inter-Entity Boundary Line as indicated on the map at Appendix A shall be > established by the IFOR, and the Parties shall observe the same limitations > on the presence of Forces and weapons in this Zone as apply to the Agreed > Cease-Fire Zone of Separation. > > (b) The IFOR is authorized to direct that any military personnel, active or > reserve, who reside within the InterEntity Zone of Separation register with > the appropriate IFOR Command Post referred to in Article VI which is > closest to their residence. > > 4. GENERAL. The following provisions apply to Phases I and II: > > (a) In order to provide visible indication, the IFOR shall supervise the > selective marking of the Agreed Cease-Fire Line and its Zone of Separation, > and the Inter-Entity Boundary Line and its Zone of Separation. Final > authority for placement of such markers shall rest with the IFOR. All > Parties understand and agree that the Agreed Cease-Fire Line and its Zone > of Separation and the Inter-Entity Boundary Line and its Zone of Separation > are defined by the maps and documents agreed to as part of the General > Framework Agreement and not the physical location of markers. > > (b) All Parties understand and agree that they shall be subject to military > action by the IFOR, including the use of necessary force to ensure > compliance, for: > > (1) failure to remove all their Forces and unauthorized weapons from the > four (4) kilometer Agreed Cease-Fire Zone of Separation within thirty (30) > days after the Transfer of Authority, as provided in Article IV, paragraph > 2(a) and (b) above; > > (2) failure to vacate and clear areas being transferred to another Entity > within forty-five (45) days after the Transfer of Authority, as provided in > Article IV, paragraph 3(a) above; > > (3) deploying Forces within areas transferred from another Entity earlier > than ninety (90) days after the Transfer of Authority or as determined by > the IFOR Commander, as provided in Article IV, paragraph 3(a) above; > > (4) failure to keep all Forces and unauthorized weapons outside the > InterEntity Zone of Separation after this Zone is declared in effect by the > IFOR, as provided in Article IV, paragraph 3(a) above; or > > (5) violation of the cessation of hostilities as agreed to by the Parties > in Article II. > > 5. PHASE III > > The Parties pledge as confidence building measures that they | shall: > > (a) within 120 days after the Transfer of Authority withdraw all heavy > weapons and Forces to cantonment/ barracks areas or other locations as > designated by the IFOR Commander. "Heavy weapons" refers to all tanks and > armored vehicles, all artillery 75 mm and above, all mortars 81 mm and > above, and all anti-aircraft weapons 20 mm and above. This movement of > these Forces to cantonment/barracks areas is intended to enhance mutual > confidence by the Parties in the success of this Annex and hell the overall > cause of Deace in Bosnia and Herzeqovina. > > (b) within 120 days after the Transfer of Authority demobilize Forces which > cannot be accommodated in cantonment/barracks areas as provided in > subparagraph (a) above. Demobilization shall consist of removing from the > possession of these personnel all weapons, including individual weapons, > explosive devices, communications equipment, vehicles, and all other > military equipment. All personnel belonging to these Forces shall be > released from service and shall not engage in any further training or other > military activities. > > 6. Notwithstanding any other provision of this Annex, the Parties > understand and agree that the IFOR has the right and is authorized to > compel the removal, withdrawal, or relocation of specific Forces and > weapons from, and to order the cessation of any activities in, any location > in Bosnia and Herzegovina whenever the IFOR determines such Forces, weapons > or activities to constitute a threat or potential threat to either the IFOR > or its mission, or to another Party. Forces failing to redeploy, withdraw, > relocate, or to cease threatening or potentially threatening activities > following such a demand by the IFOR shall be subject to military action by > the IFOR, including the use of necessary force to ensure compliance, > consistent with the terms set forth in Article I, Paragraph 3. > > Article V > > Notifications > > 1. Immediately upon establishment of the Joint Military Commission provided > for in Article VIII, each Party shall furnish to the Joint Military > Commission information regarding the positions and descriptions of all > known unexploded ordnance, explosive devices, demolitions, minefields, > booby traps, wire entanglements, and all other physical or military hazards > to the safe movement of any personnel within Bosnia and Herzegovina, as > well as the location of lanes through the Agreed CeaseFire Zone of > Separation which are free of all such hazards. The Parties shall keep the > Joint Military Commission updated on changes in this I information. > > 2. Within thirty (30) days after the Transfer of Authority, each Party > shall furnish to the Joint Military Commission the - flowing specific > information regarding the status of its Forces I within Bosnia and > Herzegovina and shall keep the Joint Military Commission updated on changes > in this information: > > (a) location, type, strengths of personnel and weaponry of all Forces > within ten (10) kilometers of the Agreed Cease-Fire Line and Inter-Entity > Boundary Line. > > (b) maps depicting the forward line of troops and front lines; > > (c) positions and descriptions of fortifications, minefields, | unexploded > ordnance, explosive devices, demolitions, barriers, and other man-made > obstacles, ammunition dumps, command headquarters, and communications > networks within ten (10) kilometers of the Agreed Cease-Fire Line or > Inter-Entity Boundary Line; > > (d) positions and descriptions of all surface to air missiles/launchers, > including mobile systems, antiaircraft artillery, supporting radars and > associated command and control systems; > > (e) positions and descriptions of all mines, unexploded ordnance, explosive > devices, demolitions, obstacles, weapons systems, vehicles, or any other > military equipment which cannot be removed, dismantled or destroyed under > the provisions of Article IV, paragraphs 2(d) and 3(a); and > > (f) any further information of a military nature as requested by the IFOR. > > 3. Within 120 days after the Transfer of Authority, the Parties shall > furnish to the Joint Military Commission the following specific information > regarding the status of their Forces in Bosnia and Herzegovina and shall > keep the Joint Military Commission updated on changes in this information: > > (a) location, type, strengths of personnel and weaponry of all Forces; > > (b) maps depicting the information in sub-paragraph (a) above; > > (c) positions and descriptions of fortifications, minefields, > W unexploded ordnance, explosive devices, demolitions, barriers, > and other man-made obstacles, ammunition dumps, command > headquarters, and communications networks; and > > (d) any further information of a military nature as requested > by the IFOR. > > Article VI > > Deplovment of the Implementation Force > > 1. Recognizing the need to provide for the effective implementation of the > provisions of this Annex, and to ensure compliance, the United Nations > Security Council is invited to authorize Member States or regional > organizations and arrangements to establish the IFOR acting under Chapter > VII of the United Nations Charter. The Parties understand and agree that > this Implementation Force may be composed of ground, air and maritime units > from NATO and non-NATO nations, deployed to Bosnia and Herzegovina to help > ensure compliance with the provisions of this Annex. The Parties understand > and agree that the IFOR shall have the right to deploy on either side of > the Inter-Entity Boundary Line and throughout Bosnia and Herzegovina. > > 2. The Parties understand and agree that the IFOR shall have the right: > > (a) to monitor and help ensure compliance by all Parties with this Annex > (including, in particular, withdrawal and redeployment of Forces within > agreed periods, and the establishment of Zones of Separation); > > (b) to authorize and supervise the selective marking of the Agreed Cease > Fire Line and its Zone of Separation and the Inter-Entity Boundary Line and > its Zone of Separation as established by the General Framework Agreement; > > (c) to establish liaison arrangements with local civilian and military > authorities and other international organizations as necessary for the > accomplishment of its mission; and > > (d) to assist in the withdrawal of UN Peace Forces not transferred to the > IFOR, including, if necessary, the emergency withdrawal of UNCRO Forces. > > The Parties understand and agree that the IFOR shall have he right to > fulfill its supporting tasks, within the limits of its assigned principal > tasks and available resources, and on request, s which include the > following: > > (a) to help create secure conditions for the conduct by others of other > tasks associated with the peace settlement, including free and fair > elections; > > (b) to assist the movement of organizations in the accomplishment of > humanitarian missions; > > (c) to assist the UNHCR and other international organizations in their > humanitarian missions; > > (d) to observe and prevent interference with the movement of civilian > populations, refugees, and displaced persons, and to respond appropriately > to deliberate violence to life and person; and, > > (e) to monitor the clearing of minefields and obstacles. > > 4. The Parties understand and agree that further directives from the NAC > may establish additional duties and responsibilities for the IFOR in > implementing this Annex. > > 5. The Parties understand and agree that the IFOR Commander shall have the > authority, without interference or permission of any party, to do all that > the Commander judges necessary and proper, |including the use of military > force, to protect the IFOR and to Icarry out the responsibilities listed > above in paragraphs 2, 3 and 4, and they shall comply in all respects with > the IFOR Srequirements. > > 6. The Parties understand and agree that in carrying out its > responsibilities, the IFOR shall have the unimpeded right to observe, > monitor, and inspect any Forces, facility or activity in Bosnia and > Herzegovina that the IFOR believes may have military capability. The > refusal, interference, or denial by any Party of this right to observe, > monitor, and inspect by the IFOR shall constitute a breach of this Annex > and the violating Party shall be subject to military action by the IFOR, > including the use of necessary force to ensure compliance with this Annex. > 7. The Army of the Republic of Bosnia and Herzegovina, the Croat Defense > Council Forces, and the Army of Republika Srpska shall establish Command > Posts at IFOR brigade, battalion, or other Revels which shall be co-located > with specific IFOR command Vocations, as determined by the IFOR Commander. > These Command Posts shall exercise command and control over all Forces of > their respective sides which are located within ten (10) kilometers of the > Agreed Cease-Fire Line or Inter-Entity Boundary Line, as specified by the > IFOR. The Command Posts shall provide, at the request of the IFOR, timely > status reports on organizations and troop levels in their areas. > > 8. In addition to co-located Command Posts, the Army of the Republic of > Bosnia and Herzegovina, the Croat Defense Council Forces, and the Army of > Republika Srpska shall maintain liaison teams to be co located with the > IFOR Command, as determined by the IFOR Commander, for the purpose of > fostering communication, and preserving the overall cessation of > hostilities. > > 9. Air and surface movements in Bosnia and Herzegovina shall be governed by > the following provisions: > > (a) The IFOR shall have complete and unimpeded freedom of movement by > ground, air, and water throughout Bosnia and Herzegovina. It shall have the > right to bivouac, maneuver, billet, and utilize any areas or facilities to > carry out its responsibilities as required for its support, training, and > operations, with such advance notice as may be practicable. The IFOR and > its personnel shall not be liable for any damages to civilian or government > property caused by combat or combat related activities. Roadblocks, > checkpoints or other impediments to IFOR freedom of movement shall > constitute a breach of this Annex and the violating Party shall be subject > to military action by the IFOR, including the use of necessary force to > ensure compliance with this Annex. > > (b) The IFOR Commander shall have sole authority to establish rules and > procedures governing command and control of airspace over Bosnia and > Herzegovina to enable civilian air traffic and non-combat air activities by > the military or civilian authorities in Bosnia and Herzegovina, or if > necessary to terminate civilian air traffic and non-combat air activities. > > (1) The Parties understand and agree there shall be no military air > traffic, or non-military aircraft performing military missions, including > reconnaissance or logistics, without the express permission of the IFOR > Commander. The only military aircraft that may be authorized to fly in > Bosnia and Herzegovina are those being flown in support of the IFOR, except > with the express permission of the IFOR. Any flight activities by military > fixed-wing or helicopter aircraft within Bosnia and Herzegovina without the > express permission of the IFOR Commander are subject to military action by > the IFOR, including the use of necessary force to ensure compliance. > > (2) All air early warning air defense, or fire control radars shall be shut > down within 72 hours after this Annex enters into force, and shall remain > inactive unless authorized by the IFOR Commander. Any use of air traffic, > air early warning, air defense or fire control radars not authorized by the > IFOR Commander shall constitute a breach of this Annex and the violating > Party shall be subject to military action by the IFOR, including the use of > necessary force to ensure compliance. > > (3) The Parties understand and agree that the IFOR Commander will implement > the transfer to civilian control of air space over Bosnia and Herzegovina > to the appropriate institutions of Bosnia and Herzegovina in a gradual > fashion consistent with the objective of the IFOR to ensure smooth and safe > operation of an air traffic system upon IFOR departure. > > (c) The IFOR Commander is authorized to promulgate appropriate rules for > the control and regulation of surface military traffic throughout Bosnia > and Herzegovina, including the movement of the Forces of the Parties. The > Joint Military Commission referred to in Article VIII may assist in the > development and promulgation of rules related to military movement. > > 10. The IFOR shall have the right to utilize such means and ervices as > required to ensure its full ability to communicate and hall have the right > to the unrestricted use of all of the lectromagnetic spectrum for this > purpose. In implementing this ightf the IFOR shall make every reasonable > effort to coordinate with and take into account the needs and requirements > of the appropriate authorities. > > 11. All Parties shall accord the IFOR and its personnel the ssistance, > privileges, and immunities set forth at Appendix B of :his Annex, including > the unimpeded transit through, to, over and n the territory of all Parties. > > 12. All Parties shall accord any military elements as referred to in > Article I, paragraph l(c) and their personnel the assistance, Privileges > and immunities referred to in Article VI, paragraph 11. . > > Article VII > > Withdrawal of UNPROFOR > > It is noted that as a consequence of the forthcoming introduction of the > IFOR into the Republic of Bosnia and Herzegovina, the conditions for the > withdrawal of the UNPROFOR established by United Nations Security Council > Resolution 743 have been met. It is requested that the United Nations, in > consultation with NATO, take all necessary steps to withdraw the UNPROFOR > from Bosnia and Herzegovina, except those parts incorporated into the IFOR. > > Establishment of a Joint Militarv Commission > > 1. A Joint Military Commission (the "Commission") shall be Established with > the deployment of the IFOR to Bosnia and Herzegovina. > > Article VIII > > 2. The Commission shall: > > (a) Serve as the central body for all Parties to this Annex to bring any > military complaints, questions, or problems that require resolution by the > IFOR Commander, such as allegations of cease-fire violations or other > noncompliance with this Annex. > > (b) Receive reports and agree on specific actions to ensure compliance with > the provisions of this Annex by the Parties. > > (c) Assist the IFOR Commander in determining and implementing a series of > local transparency measures between the Parties. > > 3. The Commission shall be chaired by the IFOR Commander or As or her > representative and consist of the following members: > > (a) the senior military commander of the forces of each Partv within Bosnia > and Herzegovina; > > (b) other persons as the Chairman may determine; > > (c) each Party to this Annex may also select two civilians shall advise the > Commission in carrying out its duties; > > (d) the High Representative referred to in the General Framework Agreement > or his or her nominated representative | shall attend Commission meetings, > and offer advice L particularly on matters of a political-military nature. > > 4. The Commission shall not include any persons who are now who come under > indictment by the International Tribunal for the rmer Yugoslavia. > > 5. The Commission shall function as a consultative body for IFOR Commander. > To the extent possible, problems shall be solved promptly by mutual > agreement. However, all final decisions concerning its military matters > shall be made by the IFOR Commander. > > 6. The Commission shall meet at the call of the IFOR Commander. The High > Representative may when necessary request a meeting of the Commission. The > Parties may also request a meeting of the Comission. > > 7. The IFOR Commander shall have the right to decide on military matters, > in a timely fashion, when there are overriding considerations relating to > the safety of the IFOR or the Parties' compliance with the provisions of > this Annex. > > 8. The Commission shall establish subordinate military commissions for the > purpose of providing assistance in carrying DUt the functions described > above. Such commissions shall be at :he brigade and battalion level or at > other echelons as the local IFOR Comnander shall direct and be composed of > commanders from Mach of the Parties and the IFOR. The representative of the > High representative shall attend and offer advice particularly on atters of > a political-military nature. The local IFOR Commander hall invite local > civilian authorities when appropriate. > > 9. Appropriate liaison arrangements will be established between the IFOR > Commander and the High Representative to acilitate the discharge of their > respective responsibilities. > > Article IX > > Prisoner Exchanges > > 1. The Parties shall release and transfer without delay all mbatants and > civilians held in relation to the conflict hereinafter "prisoners", in > conformity with international nanitarian law and the provisions of this > Article. > > (a) The Parties shall be bound by and implement such plan | for release and > transfer of all prisoners as may be developed t by the ICRC, after > consultation with the Parties. > > (b) The Parties shall cooperate fully with the ICRC and I facilitate its > work in implementing and monitoring the plan for release and transfer of > prisoners. > > (c) No later than thirty (30) days after the Transfer of Authority, the > Parties shall release and transfer all prisoners held by them. > > (d) In order to expedite this process, no later than twentyone (21) days > after this Annex enters into force, the Parties shall draw up comprehensive > lists of prisoners and shall provide such lists to the ICRC, to the other > Parties, and to the Joint Military Commission and the High Representative. > These lists shall identify prisoners by nationality, name, rank (if any) > and any internment or military serial number, to the extent applicable. > > (e) The Parties shall ensure that the ICRC enjoys full and unimpeded access > to all places where prisoners are kept and to all prisoners. The Parties > shall permit the ICRC to privately interview each prisoner at least > forty-eight (48) hours prior to his or her release for the purpose of > implementing and monitoring the plan, including determination of the onward > destination of each prisoner. > > (f) The Parties shall take no reprisals against any prisoner |or his/her > family in the event that a prisoner refuses to be t transferred. > > g) Notwithstanding the above provisions, each Party shall comply with any > order or request of the International Tribunal for the Former Yugoslavia > for the arrest, detention, surrender of or access to persons who would > otherwise be released and transferred under this Article, but who are > accused of violations within the jurisdiction of the Tribunal. Each Party > must detain persons reasonably suspected of such violations for a period of > time sufficient to permit appropriate consultation with Tribunal > authorities. > > 2. In those cases where places of burial, whether individual Dr mass, are > known as a matter of record, and graves are actually found to exist, each > Party shall permit graves registration Dersonnel of the other Parties to > enter, within a mutually agreed ?eriod of time, for the limited purpose of > proceeding to such graves, to recover and evacuate the bodies of deceased > military Bid civilian personnel of that side, including deceased prisoners. > > Article X > > Cooperation > > The Parties shall cooperate fully with all entities involved in > implementation of this peace settlement, as described in the general > Framework Agreement, or which are otherwise authorized by the United > Nations Security Council, including the International Tribunal for the > Former Yugoslavia. > > Article XI > > Notification to Military Commands > > Each Party shall ensure that the terms of this Annex, and written orders > requiring compliance, are immediatedly communicated to all of its Forces. > > Article XII > > In accordance with Article I, the IFOR Commander is the final authority in > theatre regarding interpretation of this agreement on the military aspects > of the peace settlement, of which the Appendices constitute an integral > part. > > APPENDIX B TO ANNEX l-A > > Agreement Between the Republic of Bosnia and Herzegovina and the North > Atlantic Treaty Organisation (NATO) Concerning the Status of NATO and its > Personnel > > The Republic of Bosnia and Herzegovina and the North Atlantic Treaty > Organisation have agreed as follows: > > 1. For the purposes of the present agreement, the following expressions > shall have the meanings hereunder assigned to them:- > > "the Operation" means the support, implementation, preparation and > participation by NATO and NATO personnel in a peace plan in Bosnia and > Herzegovina or a possible withdrawal of U.N. Forces from former > Yugoslavia;- > > "NATO personnel" means the civilian and military personnel of the North > Atlantic Treaty Organisation with the exception of personnel locally > hired;- > > "NATO" means the North Atlantic Treaty Organisation, its subsidiary bodies, > its military Headquarters and all its constituent national elements/units > acting in support of, preparing and participating in the Operation;- > > "Facilities" mean all premises and land required for conducting the > operational, training and administrative activities by NATO for the > Operation as well as for accommodations of NATO personnel. > > 2. The provisions of the Convention on the Privileges and Immunities of the > United Nations of 13 February 1946 concerning experts on mission shall > apply mutatis mutandis to NATO personnel involved in the Operation, except > as otherwise provided for in the present agreement. Moreover NATO, its > property and assets shall enjoy the privileges and immunities specified in > that convention and as stated in the present agreement. > > 3. All personnel enjoying privileges and immunities under this Agreement > shall respect the laws of the Republic of Bosnia and Herzegovina insofar as > it is compatible with the entrusted tasks/mandate and shall refrain from > activities not compatible with the nature of the Operation. > > 4. The Government of the Republic of Bosnia and Herzegovina recogIuzes the > need for expeditious departure and entry procedures for NATO personnel. > They shall be exempt from passport and visa regulations and the > registration requirements applicable to aliens. NATO personnel shall carry > identification which they may be requested to produce for the authorities > of the Republic of Bosnia and Herzegovina but operations, training and > movement shall not be allowed to be impeded or delayed by such requests. > > 5. NATO military personnel shall normally wear uniforms, and NATO personnel > may possess and carry arms if authorized to do so by their orders. The > authorities of the Republic of Bosnia and Herzegovina shall accept as > valid, without tax or fee, drivers' licenses and permits issued to NATO > personnel by their respective national authorities. > > 6. NATO shall be permitted to display the NATO flag and/or national flags > of its constituent national elements/units on any NATO uniform, means of > transport or facility. > > 7. NATO military personnel under all circumstances and at all times shall > be subject to the exclusive jurisdiction of their respective national > elements in respect of any criminal or disciplinary offenses which may be > committed by them in the Republic of Bosnia and Herzegovina NATO and the > authorities of the Republic of Bosnia and Herzegovina shall assist each > other in the exercise of their respective jurisdictions. > > 8. As experts on mission, NATO personnel shall be immune from personal > arrest or detention. NATO personnel mistakenly arrested or detained shall > immediately be turned over to NATO authorities. > > 9. NATO personnel shall enjoy, together with their vehicles, vessels, > aircraft and equipment, free and unrestricted passage and unimpeded access > throughout the Republic of Bosnia and Herzegovina including airspace and > territorial waters of the Republic of Bosnia and Herzegovina. This shall > include, but not be limited to, the right of bivouac, maneuver, billet, and > utilization of any areas or facilities as required for support, training, > and operations. NATO shall be exempt from providing inventories or other > routine customs documentation on personnel, vehicles, vessels, aircraft, > equipment, supplies, and provisions entering, exiting, or transiting the > territory of the Republic of Bosnia and Herzegovina in support of the > Operation. The authorities of the Republic of Bosnia and Herzegovina shall > facilitate with all appropriate means all movements of personnel, vehicles, > vessels? aircraft, equipment or supplies, through ports, airports or roads > used. Vehicles, vessels and aircraft used in support of the Operation shall > not be subject to licensing or registration requirements, nor commercial > insurance. NATO will use airports, roads and ports without payment of > duties, dues, tolls or charges. However, NATO shall not claim exemption > from reasonable charges for services requested and received, but > operations/ movement and access shall not be allowed to be impeded pending > payment for such services. > > 10. NATO personnel shall be exempt from taxation by the Republic of Bosnia > and Herzegovina on the salaries and emoluments received from NATO and on > any income received from outside the Republic of Bosnia and Herzegovina. > > 11. NATO personnel and their tangible movable property imported into or > acquired in the Republic of Bosnia and Herzegovina shall also be exempt > from all identifiable taxes by the Republic of Bosnia and Herzegovina, > except municipal rates for services enjoyed, and from all registration fees > and related charges. > > 12. NATO shall be allowed to import and to export free of duty or other > restriction equipment, provisions, and supplies, necessary for the > Operation, provided such goods are for the official use of NATO or for sale > via commissaries or canteens provided for NATO personnel. Goods sold shall > be solely for the use of NATO personnel and not transferable to other > parties. > > 13. It is recognized by the Government of the Republic of Bosnia and > Herzegovina that the use of communications channels shall be necessary for > the Operation. NATO shall be allowed to operate its own internal mail and > telecommunications services, including broadcast services. This shall > include the right to utilize such means and services as required to assure > full ability to communicate, and the right to use all of the > electromagnetic spectrum for His purpose, free of cost. In implementing > this right, NATO shall make every reasonable effort to coordinate with and > take into account the needs and requirements of appropriate authorities of > the Republic of Bosnia and Herzegovina. > > 14. The Government of the Republic of Bosnia and Herzegovina shall provide, > free of cost, such facilities NATO needs for the preparation for and > execution of the Operation. The Government of the Republic of Bosnia and > Herzegovina shall assist NATO in obtaining, at the lowest rate, the > necessary utilities such as electricity, water and other resources > necessary for the Operation. > > 15. Claims for damage or injury to Government personnel or property, or to > private personnel or property of the Republic of Bosnia and Herzegovina > shall be submitted through governmental authorities of the Republic of > Bosnia and Herzegovina to t_e designated NATO Representatives. > > 16. NATO shall be allowed to contract direct with suppliers for services > and supplies in the Republic of Bosnia and Herzegovina without payment of > tax or duties. Such services and supplies shall not be subject to sales and > other taxes. NATO may hire local personnel who shall remain subject to > local laws and regulations. However, local personnel hired by NATO shall: > > (a) be immune from legal process in respect of words spoken or written and > all acts performed by them in their official capacity; > > (b) be immune from national services and/or national military service > obligations; > > (c) be exempt from taxation on the salaries and emoluments paid to them by > NATO. > > 17. NATO may in the conduct of the Operation, have need to make > improvements or modifications to certain infrastructure of the Republic of > Bosnia and Herzegovina such as roads, utility systems, bridges, tunnels, > buildings, etc. Any such improvements or modifications of a nontemporary > nature shall become part of and in the same ownership as that > infrastructure. Temporary improvements or modifications may be removed at > the discretion of the NATO Commander, and the facility returned to as near > its original condition as possible. > > 18. Failing any prior settlement, disputes with regard to the > interpretation or application of the present agreement shall be settled > between the Republic of Bosnia and Herzegovina and NATO Representatives by > diplomatic means. > > 19. The provisions of this agreement shall also apply to the civilian and > military personnel, property and assets of national elements/units of NATO > states, acting in connection to the Operation or the relief for the > civilian population which however remain under national command and > control. > > 20. Supplemental arrangements may be concluded to work out details for the > Operation also talking into account its further development. > > 21. The Government of the Republic of Bosnia and Herzegovina shall accord > non-NATO states and their personnel participating in the Operation the same > privileges and immunities as those accorded under this agreement to NATO > states and personnd. > > 22. The provisions of this agreement shall remain in force until completion > ofthe Operation or as the Parties offierwise agree. > > 23. This Agreement shall enter into force upon signature. > > Done at Wright-Patterson Air Force Base, Ohio on November 21, 1995 > > Wright-Patterson Air Force Base, Ohio November21, 1995 > > Excellency: > > I refer to the Agreement on the Military Aspects of the Peace Settlement, > which the Federal Republic of Yugoslavia has endorsed, and the Agreement > Between the Republic of Bosnia and Hetzegovina and the North Atlantic > Treaty Organisation (NATO) Concerning the Status of NATO and its Personnel. > > On behalf of the Federal Republic of Yugoslavia, I wish to assure you that > the Federal Republic of Yugoslavia shall take all necessary steps, > consistent with the sovereignty, territorial intedrity and political > independence of Bosnia and Herzegovina, to ensure that the Republika Srpska > fully respects and complies with commitments to NATO, including in > particular access and status of forces, as set forth in the aforementioned > Agreements. > > Sincerely, > > Slobodan Milosevic > > His Excellency > Sergio Silvio Balanzino > Acting Secretary General > Norm Atlantic Treaty Organisation > 1110 BRUSSELS > Belgium > > Wright-Patterson Air Force Base, Ohio November21, 1995 > > Excellency: > > I refer to the Agreement on the Military Aspects of the Peace Settlement, > which the Republic of Croatia has endorsed, and Mee Agreement Between the > Republic of Bosnia and Herzegovina and the North Atlantic Treaty > Organisation (NATO) Concerning Wee Status of NATO and its Personnel. > > On behalf of the Republic of Croatia, I wish to assure you that Republic of > Croatia shall take all necessary steps, consistent with the sovereignty, > territorial integnty and political independence of Bosnia and Herzegovina, > to ensure that personnel or organisations in Bosnia and Hetzegovina which > are under its control or with which it has influence fully respect and > comply with the commitments to NATO, including in particular access and > status of forces, as set forth in the aforementioned Agreements. > > Sincerely, > > Mate Granic > Deputy Prime Minister and Minister for > Foreign Affairs > > Wright-Patterson Air Force Base, Ohio November 21, 1995 > > Excellency: > > I refer to the Agreement on the Military Aspects of the Peace Settlement, > which the Federation of Bosnia and Herzegovina has signed as a Party, and > the Agreement Between the Republic of Bosnia and Herzegovina and the North > Atlantic Treaty Organisation (NATO) Concerning the Status of NATO and its > Personnel. > > On behalf of the Federation of Bosnia and Herzegovina, I wish to assure you > that the Federation of Bosnia and Herzegovina will adhere to and fulfill > its commitments regarding access and status of forces in general, including > in particular, its commitments to NATO. > > Sincerely, > > Kresimir Zubak > President of the Federation of Bosnia and Herzegovina > > His Excellency > Sergio Silvio Balanzino > Acting Secretary General > North Atlantic Treaty Organisation > 1110 BRUSSELS > Belgium > > Wright-Patterson Air Force Base, Ohio November 21, 1995 > > Excellency: > > I refer to the Agreement on the Military Aspects of the Peace Settlement, > which the Republika Srpska has signed as a Party, and the Agreement Between > the Republic of Bosnia and Herzegovina and the North Atlantic Treaty > Organisation (NATO) Concerning the Status of NATO and its Personnel. > > On behalf of the Republika Srpska, I wish to assure you that the Republika > Srpska will adhere to and fulfill its commitments regarding access and > status of forces in general, including in particular, its commitments to > NATO. > > Sincerely, > > Momcilo Krajisnik > President of the Republika Srpska > > Appendix to Annex 1-A > > Agreement Between the Republic of Croatia and the North Atlantic Treaty > Organisation (NATO) Concerning the Status of NATO and its Personnel > > The Republic of Croatia and the North Atlantic Treaty Organisation have > agreed as follows: > > 1. For the purposes of the present agreement, the following expressions > shall have the meanings hereunder assigned to them:- > > "the Operation" means the support, implementation, preparation and > participation by NATO and NATO personnel in a peace plan in Bosnia and > Herzegovina or a possible withdrawal of U.N. Forces from former > Yugoslavia;- > > "NATO personnel" means the civilian and military personnel of the North > Atlantic Treaty Organisation with the exception of personnel locally > hired;- > > "NATO" means the North Atlantic Treaty Organisation, its subsidiary bodies, > its military Headquarters and all its constituent national elements/units > acting in support of, preparing and > participating in the Operation;- > > "Facilities" means all premises and land required for conducting the > operational, training and administrative activities by NATO for the > Operation as well as for accommodations of > NATO personnel. > > 2. The provisions of the Convention on the Privileges and Immunities of the > United Nations of 13 February 1946 concerning experts on mission shall > apply mutatis mutandis to NATO personnel involved in the Operation, except > as otherwise provided for in the present agreement. Moreover NATO, its > property and assets shall enjoy the privileges and immunities specified in > that Convention and as stated in the present agreement. > > 3. All personnel enjoying privileges and immunities under this Agreement > shall respect the laws of the Republic of Croatia, insofar as it is > compatible with the entrusted tasks/mandate and shall refrain from > activities not compatible with the nature of the Operation. > > 4. The Government of Croatia recogruzes the need for expeditious departure > and entry procedures for NATO personnel. They shall be exempt from passport > and visa regulations and the registration requirements applicable to > aliens. NATO personnel shall carry identification which they may be > requested to produce for Croatian authorities but operations, training and > movement shall not be allowed to be impeded or delayed by such requests. > > 5. NATO military personnel shall normally wear uniforms, and NATO personnel > may possess and carry arms if authorized to do so by their orders. Croatian > authorities shall accept as valid, without tax or fee, drivers' licenses > and permits issued to NATO personnel by their > respective national authorities. > > 6. NATO shall be permitted to display the NATO flag and/or national flags > of its constituent national elements/units on any NATO uniform, means of > transport or facility. > > 7. NATO military personnel under all circumstances and at all times shall > be subject to the exclusive jurisdiction of their respective national > elements in respect of any criminal or disciplinary offenses which may be > committed by them in the Republic of Croatia NATO and Croatian authorities > shall assist each other in the exercise of their respective jurisdictions. > > 8. As experts on mission, NATO personnel shall be immune from personal > arrest or detention. NATO personnel mistakenly arrested or detained shall > immediately be turned over to NATO authorities. > > 9. NATO personnel shall enjoy, together with their vehicles, vessels, > aircraft and equipment, free and unrestricted passage and unimpeded access > throughout Croatia including Croatian airspace and territorial waters. This > shall include, but not be limited to, the right of bivouac, maneuver, > billet, and utilization of any areas or facilities as required for support, > training, and operations. NATO shall be exempt from providing inventories > or other routine customs documentation on personnel, vehicles, vessels, > aircraft, equipment, supplies, and provisions entering, exiting, or > transiting Croatian territory in support of the Operation. The Croatian > authorities shall facilitate with all appropriate means all movements of > personnel, vehicles, vessels, aircraft or supplies, through ports, airports > or roads used. Vehicles, vessels and aircraft used in support of the > Operation shall not be subject to licensing or registration requirements, > nor commercial insurance. NATO win use airports, roads and ports without > payment of duties, dues, tolls or charges. However, NATO shall not claim > exemption from reasonable charges for services requested and received, but > operations/movement and access shall not be allowed to be impeded pending > payment for such services. > > 10. NATO personnel shall be exempt from taxation by the Republic of Croatia > on the salaries and emoluments received from NATO and on any income > received from outside the Republic of Croatia. > > 11. NATO personnel and their tangible movable property imported into or > acquired in Croatia shall also be exempt from all identifiable taxes by the > Republic of Croatia, except municipal rates for services enjoyed, and from > all registration fees and related charges. > > 12. NATO shall be allowed to import and export free of duty or other > restriction equipment, provisions, and supplies, necessary for the > Operation, provided such goods are for the of ficial use of NATO or for > sale via commissaries or canteens provided for NATO personnel. Goods sold > shall be solely for the use of NATO persormel and not transferable to other > parties. > > 13. NATO shall be allowed to operate its own internal mail and > telecommunications services, including broadcast services. > Telecommunications channels and other communications needs which may > interfere with Croatian telecommunication services shall be coordinated > with appropriate Croatian authorities free of cost. It is recognized by the > Government of Croatia that the use of communications channels shall be > necessary for the Operation. > > 14. The Government of Croatia shall provide, free of cost, such facilities > NATO needs for the preparation for and execution of the Operation. The > Government of Croatia shall assist NATO in obtaining, at the lowest rate, > the necessary utilities such as electricity, water and other resources > necessary for the Operation. > > 15. Claims for damage or injury to Croatian Government personnel or > property, or to private personnel or property shall be submitted through > Croatian governmental authorities to the designated NATO Representatives. > > 16. NATO shall be allowed to contract direct with suppliers for services > and supplies in the Republic of Croatia without payment of tax or duties. > Such services and supplies shall not be subject to sales or other taxes. > NATO may hire local personnel who shall remain subject to local laws and > regulations. However, local personnel hired by NATO shall: > > (a) be immune from legal process in respect of words spoken or written and > all acts performed by them in their official capacity; > > (b) be immune from national services and/or national military service > obligations; > > (c) be exempt from taxation on the salaries and emoluments paid to them by > NATO. > > 17. NATO may in the conduct of the Operation, have need to make > improvements or modifications to certain Croatian infrastructure such as > roads, utility systems, bridges, tunnels, buildings, etc. Any such > improvements or modifications of a non-temporary nature shall become part > of and in the same ownership as that infrastructure. Temporary improvements > or modifications may be removed at the discretion of the NATO Comrnander, > and the facility returned to as near its original condition as possible. > > 18. Failing any prior settlement, disputes with regard to the > interpretation or application of the present agreement shall be settled > between Croatia and NATO Representatives by diplomatic means. > > 19. The provisions of this agreement shall also apply to the civilian and > military personnel, property and assets of national elements/units of NATO > states, acting in connection to the Operation or the relief for the > civilian population which however remain under national command and > control. > > 20. Supplemental arrangements may be concluded to work out details for the > Operation also taking into account its further development. > > 21. The Government of Croatia shall accord non-NATO states and their > personnel participating in the Operation the same privileges and immunities > as those accorded under this agreement to NATO states and personnel. > 22. The provisions of this agreement shall remain in force until completion > of the Operadon or as the Parties otherwise agree. > > 23. This Agreement shall enter into force upon signature. > > Done at Wright-Patterson Air Force Base, Ohio on November 21, 1995 > > Agreement Between the Federal Republic of Yugoslavia and the North Atlantic > Treaty Organization (NATO) Concerning Transit Arrangements for Peace Plan > Operations > > Considering that the North Atlantic Treaty Organization is conducting > contingency planning in coordination with the United Nations to support the > implementation of a peace plan in Bosnia and Herzegovina or a possible > withdrawal of U.N. Forces from former Yugoslavia, and may be requested by > the United Nations to execute either such operation; > > Considering the necessity to establish adequate transit arrangements for > the execution/implementation of this Operation; > > It is agreed that: > > 1. For the purposes of the present agreement, the following expressions > shall have the meanings hereunder assigned to them:- > > "the Operation" means the support, implementation, preparation and > participation by NATO and NATO personnel in a peace plan in Bosnia and > Herzegovma or a possible withdrawal of U.N. Forces from former Yugoslavia;- > > 'NATO personnel'' means the civilian and military persormel of the North > Atlantic Treaty Organization with the exception of personnel locally > hired;- > > 'NATO" means the North Atlantic Treaty Organization, its subsidiary bodies, > its military Headquarters and all its constituent national elements/units > acting in support of, preparing and participating in the Operation. > > 2. The Government of the Federal Republic of Yugoslavia shall allow the > free transit over land, rail, road, water or through air of all personnel > and cargo, equipment, goods and material of whatever kind, including > ammunition required by NATO for the execution of the Operation, through the > territory of the Federal Republic of Yugoslavia including Federal Republic > of Yugoslavia airspace and territorial waters. > > 3. The Government of the Federal Republic of Yugoslavia shall provide or > assist to provide, at the lowest cost, such facilities or services as > determined by NATO as are necessary for the transit. > > 4. NATO shall be exempt from providing inventories or other routine customs > documentation on personnel, equipment, supplies, and provisions entering, > exiting, or transiting the Federal Republic of Yugoslavia territory in > support of the Operation. The Federal Republic of Yugoslavia authorities > shall facilitate with all appropriate means all movements of personnel, > vehicles and/or supplies, through ports, airports or roads used. Vehicles, > vessels and aircraft in transit shall not be subject to licensing or > registration requirements, nor commercial insurance. NATO shall be > permitted to use airports, roads and ports without payment of duties, dues, > tolls or charges. NATO shall not claim exemption for reasonable charges for > services requested and received, but transit shall not be allowed to be > impeded pending negotiations on payment for such services. The modes of > transport will be communicated by NATO to the Government of the Federal > Republic of Yugoslavia in advance. The routes to be followed will be > commonly agreed upon. > > 5. The provision of the Convention on the Privileges and Immunities of the > United Nations of 13 February 1946 concerning experts on mission shall > apply mutatis mutandis to NATO personnel involved in the transit, except as > otherwise provided for in the present agreement. Moreover NATO, its > property and assets shall enjoy the privileges and immunities specified in > that Convention and as stated in the present agreement. > > 6. All personnel enjoying privileges and immunities under this Agreement > shall respect the laws of the Federal Republic of Yugoslavia, insofar as > respect for said laws is compatible with the entrusted tasks/mandate and > shall refrain from activities not compatible with the nature of the > Operation. > > 7. The Government of the Federal Republic of Yugoslavia recognizes the need > for expeditious departure and entry procedures for NATO personnel. They > shall be exempt from passport and visa regulations and the registration > requirements applicable to aliens. NATO personnel shall carry > identification which they may be requested to produce for Federal Republic > of Yugoslavia authorities, but transit shall not be allowed to be impeded > or delayed by such requests. > > 8. NATO military personnel shall normally wear uniforms, and NATO personnel > may possess and carry arms if authorized to do so by their orders. The > Federal Republic of Yugoslavia authorities shall accept as valid, without > tax or fee, drivers' licenses and permits issued to NATO personnel by their > respective national authorities. > > 9. NATO shall be permitted to display the NATO flag and/or national flags > of its constituent national elements/units on any NATO uniform, means of > transport or facility. > > 10. NATO military personnel under all circumstances and at all times shall > be subject to the exclusive jurisdiction of their respective national > elements in respect of any criminal or disciplinary offenses which may be > committed by them in the Federal Republic of Yugoslavia. NATO and the > Federal Republic of Yugoslavia authorities shall assist each other in the > exercise of their respective jurisdictions.. > > 11. As experts on mission, NATO personnel shall be immune from personal > arrest or detention.. NATO personnel mistakenly arrested or detained shall > immediately be turned over to NATO authorities. > > 12. NATO personnel and their tangible movable property in transit through > the Federal Republic of Yugoslavia shall also be exempt from all > idenfffiable taxes by the Government of the Federal Republic of Yugoslavia. > > 13. NATO shall be allowed to operate its own telecommunications services. > This shall include the right to utilize such means and services as required > to assure full ability to communicate, and the right to use all of the > electromagnetic spectrum for this purpose, free of cost. In implementing > this right, NATO shall make every reasonable effort to coordinate with and > take into account the needs and requirements of appropriate Federal > Republic of Yugoslavia authorities. > > 14. Claims for damage or injury to Federal Republic of Yugoslavia > Government personnel or property, or to private persons or property shall > be submitted through the Federal Republic of Yugoslavia governmental > authorities to the designated NATO Representatives. > > 15. Failing any prior settlement, disputes with regard to the > interpretation or application of the present agreement shall be settled > between the Federal Republic of Yugoslavia and NATO Representatives by > diplomatic means. > > 16. The provisions of this agreement shall also apply to the civilian and > military persormel, property and assets of national elements/units of NATO > states, acting in connection to the Operation of the relief for the > civilian population which however remain under national command and > control. > > 17. Supplemental arrangements may be concluded to work out details for the > transit also taking into account its further development. > > 18. The Government of the Federal Republic of Yugoslavia shall accord for > the transit of non-NATO states and their personnel participating in the > Operation the same privileges and immunities as those accorded under this > agreement to NATO states and personnel. > > 19. The provisions of this agreement shall remain in force until completion > ofthe Operation or as the Parties otherwise agree. > > 20. This Agreement shall enter into force upon signature. > > Done at Wright-Patterson Air Force Base, Ohio on November 21, 1995. > > +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ > > AGREEMENT ON REGIONAL STABILIZATION > > --------------------------------------------------------------------------- > The Republic of Bosnia and Herzegovina, the Republic of Croatia, the > Federal Republic of Yugoslavia, the Federation of Bosnia and Herzegovina, > and the Republika Srpska (hereinafter the "Parties") have agreed as > follows: > > Article I > > General Obligations > > The Parties agree that establishment of progressive measures for regional > stability and arms control is essential to creating a stable peace in the > region. To this end, they agree on the importance of devising new forms of > cooperation in the field of security aimed at building transparency and > confidence and achieving balanced and stable defense force levels at the > lowest numbers consistent with the Parties' respective security and the > need to avoid an arms race in the region. They have approved the following > elements for a regional structure for stability. > > Article II > > Confidence- and Security-Building Measures > in Bosnia and Herzeaovina > > Within seven days after this Agreement (hereinafter "Annex") enters into > force, the Republic of Bosnia and Herzegovina, the Federation of Bosnia and > Herzegovina, and the Republika Srpska shall at an appropriately high > political level commence negotiations under the auspices of the > Organization for Security and Cooperation in Europe (hereinafter "OSCE") to > agree upon a series of measures to enhance mutual confidence and reduce the > risk of conflict, drawing fully upon the 1994 Vienna Document of the > Negotiations on Confidence- and Security-Building Measures of the OSCE. The > objective of these negotiations is to agree upon an initial set of measures > within forty-five (45) days after this Annex enters into force including, > but not necessarily limited to, the following: > > (a) restrictions on military deployments and exercises in certain > geographical areas; > > (b) restraints on the reintroduction of foreign Forces in light of Article > III of Annex 1-A to the General Framework Agreement; > > (c) restrictions on locations of heavy weapons; > > (d) withdrawal of Forces and heavy weapons to cantonment/barracks areas or > other designated locations as provided in Article IV of Annex 1-A; > > (e) notification of disbandment of special operations and armed civilian > groups; > > (f) notification of certain planned military activities, including > international military assistance and training programs; > > (g) identification of and monitoring of weapons manufacturing capabilities; > > (h) immediate exchange of data on the holdings of the five Treaty on > Conventional Armed Forces in Europe (hereinafter "CFE") weapons categories > as defined in the CFE Treaty, with the additional understanding that > artillery pieces will be defined as those of 75mm calibre and above; and > > (i) immediate establishment of military liaison missions between the Chiefs > of the Armed Forces of the Federation of Bosnia and Herzegovina and the > Republika Srpska; > > Article III > > Reqional Confidence- and Securitv-Buildinq Measures > > To supplement the measures in Article II above on a wider basis, the > Parties agree to initiate steps toward a regional agreement on confidence- > and securitybuilding measures. The Parties agree: > > (a) not to import any arms for ninety (90) days after this Annex enters > into force; > > (b) not to import for 180 days after this Annex enters into force or until > the arms control agreement referred to in Article IV below takes effect, > whichever is the earlier, heavy weapons or heavy weapons ammunition, mines, > military aircraft, and helicopters. Heavy weapons refers to all tanks and > armored vehicles, all artillery 75 mm and above, all mortars 81 mm and > above, and all anti-aircraft weapons 20 mm and above. > > Article IV > > Measures for Sub-Regional Arms Control > > 1. Recognizing the importance of achieving balanced and stable defense > force levels at the lowest numbers consistent with their respective > security, and understanding that the establishment of a stable military > balance based on the lowest level of armaments will be an essential element > in preventing the recurrence of conflict, the Parties within thirty (30) > days after this Annex enters into force shall commence negotiations under > the auspices of the OSCE to reach early agreement on levels of armaments > consistent with this goal. Within thirty (30) days after this Annex enters > into force, the Parties shall also commence negotiations on an agreement > establishing voluntary limits on military manpower. > > 2. The Parties agree that the armaments agreement should be based at a > minimum on the following criteria: population size, current military > armament holdings, defense needs, and relative force levels in the region. > > (a) The agreement shall establish numerical limits on holdings of tanks, > artillery, armored combat vehicles, combat aircraft, and attack > helicopters, as defined in the relevant sections of the CFE Treaty, with > the additional understanding that artillery pieces will be defined as those > of 75 mm calibre and above. > > (b) In order to establish a baseline, the Parties agree to report within > thirty (30) days after this Annex enters into force their holdings as > defined in sub-paragraph (a) above, according to the format prescribed in > the 1992 Vienna Document of the OSCE. > > (c) This notification format shall be supplemented to take into account the > special considerations of the region. > > 3. The Parties agree to complete within 180 days after this Annex enters > into force the negotiations above on agreed numerical limits on the > categories referred to in paragraph 2(a) of this Article. If the Parties > fail to agree to such limits within 180 days after this Annex enters into > force, the following limits shall apply, according to a ratio of 5:2:2 > based on the approximate ratio of populations of the Parties: > > (a) the baseline shall be the determined holdings of the Federal Republic > of Yugoslavia (hereinafter the "baseline); > > (b) the limits for the Federal Republic of Yugoslavia shall be seventy-five > (75) percent of the baseline; > > (c) the limits for the Republic of Croatia shall be thirty (30) percent of > the baseline; > > (d) the limits for Bosnia and Herzegovina shall be thirty (30) percent of > the baseline; and > > (e) the allocations for Bosnia and Herzegovina will be divided between the > Entities on the basis of a ratio of two (2) for the Federation of Bosnia > and Herzegovina and one (1) for the Republika Srpska. > > 4. The OSCE will assist the Parties in their negotiations under Articles II > and IV of this Annex and in the implementation and verification (including > verification of holdings declarations) of resulting agreements. > > Regional Arms Control Armement > > The OSCE will assist the Parties by designating a > special representative to help organize and conduct negotiations under the > auspices of the OSCE Forum on Security Cooperation ("FSC") with the > goal of establishing a regional balance in and around the former > Yugoslavia. The Parties undertake to cooperate fully with the OSCE > to that end and to facilitate regular inspections by other parties. > Further, the Parties agree to establish a commission together with > representatives of the OSCE for the purpose of facilitating the > resolution of any disputes that might arise. > > Article VI > > Entry into Force > > This Annex shall enter into force upon signature. > > +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ > > AGREEMENT ON INTER-ENTITY BOUNDARY LINE AND RELATED ISSUES > > --------------------------------------------------------------------------- > > The Republic of Bosnia and Herzegovina, the Federation of > Bosnia and Herzegovina and the Republika Srpska (the "Partiesl') > have agreed as follows: > > 5 Article I > > Inter-Entity Boundarv Line > > The boundary between the Federation of Bosnia and Herzegovina and the > Republika Srpska (the "Inter-Entity Boundary Line") shall be as delineated > on the map at the Appendix. > > Article II > > Adjustment by the Parties : > > The Parties may adjust the Inter-Entity Boundary Line only > by mutual consent. During the period in which the multinational > military Implementation Force ("IFOR") is deployed pursuant to Annex 1-A to > the General Framework Agreement, the Parties shall consult with the IFOR > Commander prior to making any agreed adjustment and shall provide > notification of such adjustment to the IFOR Commander. > > Article III > > Rivers > > 1. Where the Inter-Entity Boundary Line follows a river, the line shall > follow natural changes (accretion or erosion) in the course of the river > unless otherwise agreed. Artificial changes in the course of the river > shall not affect the location of the Inter-Entity Boundary Line unless > otherwise agreed. No artificial changes may be made except by agreement > among the Parties . > > 2. In the event of sudden natural changes in the course of the river > (avulsion or cutting of new bed), the line shall be determined by mutual > agreement of the Parties. If such event occurs during the period in which > the IFOR is deployed, any such determination shall be subject to the > approval of the IFOR Commander. > > Article IV > > Delineation and Marking > > 1. The line on the 1:50,000 scale map to be provided for the Appendix > delineating the Inter-Entity Boundary Line, and the lines on the 1:50,000 > scale map to be provided for Appendix A to Annex 1-A delineating the > Inter-Entity Zone of Separation and the Agreed Cease-Fire Line and its Zone > of Separation, which are accepted by the Parties as controlling and > definitive, are accurate to within approximately 50 meters. During the > period in which the IFOR is deployed, the IFOR Commander shall have the > right to determine, after consultation with the Parties, the exact > delineation of such Lines and Zones, provided that with respect to Sarajevo > the IFOR Commander shall have the right to adjust the Zone of Separation as > necessary. > > 2. The Lines and Zones described above may be marked by representatives of > the Parties in coordination with and under the supervision of the IFOR. > Final authority for placement of such markers shall rest with the IFOR. > These Lines and Zones are defined by the maps and documents agreed to by > the Parties and not by the physical location of markers. > > 3. Following entry into force of this Agreement, the Parties shall form a > joint commission, comprised of an equal number of representatives from each > Party, to prepare an agreed technical document containing a precise > description of the InterEntity Boundary Line. Any such document prepared > during the period in which the IFOR is deployed shall be subject to the > approval of the IFOR Commander. > > Article V > > Arbitration for the Brcko Area > > 1. The Parties agree to binding arbitration of the disputed portion of the > Inter-Entity Boundary Line in the Brcko area indicated on the map attached > at the Appendix. > > 2. No later than six months after the entry into force of this Agreement, > the Federation shall appoint one arbitrator, and the Republika Srpska shall > appoint one arbitrator. A third arbitrator shall be selected by agreement > of the Parties' appointees within thirty days thereafter. If they do not > agree, the third arbitrator shall be appointed by the President of the > International Court of Justice. The third arbitrator shall serve as > presiding officer of the arbitral tribunal. > > 3. Unless otherwise agreed by the Parties, the proceedings shall be > conducted in accordance with the UNCITRAL rules. The arbitrators shall > apply relevant legal and equitable principles. > > 4. Unless otherwise agreed, the area indicated in paragraph 1 above shall > continue to be administered as currently. > > 5. The arbitrators shall issue their decision no later than one year from > the entry into force of this Agreement. The decision shall be final and > binding, and the Parties shall implement it without delay. > > Article VI > > Transition > > In those areas transferring from one Entity to the other in accordance with > the demarcation described herein, there shall be a transitional period to > provide for the orderly transfer of authority. The transition shall be > completed forty-five (45) days after the Transfer of Authority from the > UNPROFOR Commander to tho TFOR Commander. as described in Annex 1-A. > > Article VII > > Status of Appendix > > The Appendix shall constitute an integral part of this Agreement. > > Article VIII > > Entry into Force > > This Agreement shall enter into force upon signature. > > APPENDIX TO ANNEX 2 > > The Appendix to Annex 2 consists of this document together with (a) a > 1:600,000 scale UNPROFOR road map consisting of one map sheet, attached > hereto; and (b) a 1:50,000 scale Topographic Line Map, to be provided as > described below. > > On the basis of the attached 1:600,000 scale map, the Parties request that > the United States Department of Defense provide a 1:50,000 scale > Topographic Line Map, consisting of as many map sheets as necessary, in > order to provide a more precise delineation of the Inter-Entity Boundary > Line. Such map shall be incorporated as an integral part of this Appendix, > and the Parties agree to accept such map as controlling and definitive for > all purposes. > > +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ > > AGREEMENT ON ELECTIONS > > --------------------------------------------------------------------------- > > In order to promote free, fair, and democratic elections and to lay the > foundation for representative government and ensure the progressive > achievement of democratic goals throughout Bosnia and Herzegovina, in > accordance with relevan documents of the Organization for Security and > Cooperation in Europe (OSCE), the Republic of Bosnia and Herzegovina, the > Federation of Bosnia and Herzegovina and the Republika Srpska ("the > Parties") have agreed as follows: > > Article I > > Conditions for Democratic Elections > > 1. The Parties shall ensure that conditions exist for the organization of > free and fair elections, in particular a politically neutral environment; > shall protect and enforce the right to vote in secret without fear or > intimidation; shall ensure freedom of expression and of the press; shall > allow and encourage freedom of association (including of political > parties); and shall ensure freedom of movement. > > 2. The Parties request the OSCE to certify whether elections can be > effective under current social conditions in both Entities and, if > necessary, to provide assistance to the Parties in creating these > conditions. > > 3. The Parties shall comply fully with paragraphs 7 and 8 of the OSCE > Copenhagen Document, which are attached to this Agreement. > > Article II > > The OSCE Role > > 1. OSDE. The Parties request the OSCE to adopt and put in Z place an > elections program for Bosnia and Herzegovina as set At forth in this > Agreement. > > 2. Elections. The Parties request the OSCE to supervise, in a manner to be > determined by the OSCE and in cooperation with other international > organizations the OSCE deems necessary, the preparation and conduct of > elections for the House of Representatives of Bosnia and Herzegovina; for > the Presidency of Bosnia and Herzegovina; for the House of Representatives > of the Federation of Bosnia and Herzegovina; for the National Assembly of > the Republika Srpska; for the Presidency of the Republika Srpska; and, if > feasible, for cantonal legislatures and municipal governing authorities. > > 3. The Commission. To this end, the Parties request the OSCE to establish a > Provisional Election Commission ("the Commission"). > > 4. Timinq. Elections shall take place on a date ("Election Day") six months > after entry into force of this Agreement or, if the OSCE determines a delay > necessary, no later than nine months after entry into force. > > Article III > > The Provisional Election Commission > > 1. Rules and Requlations. The Commission shall adopt electoral rules and > regulations regarding: the registration of political parties and > independent candidates; the eligibility of candidates and voters; the role > of domestic and international election observers; the ensuring of an open > and fair electoral campaign; and the establishment, publication, and > certification of definitive election results. The Parties shall comply > fully with the electoral rules and regulations, any internal laws and > regulations notwithstanding. > > 2. Mandate of the Commission. The responsibilities of the Commission, as > provided in the electoral rules and regulations, shall include: > > (a) supervising all aspects of the electoral process to ensure that the > structures and institutional framework for free and fair elections are in > place; > > (b) determining voter registration provisions; > > (c) ensuring compliance with the electoral rules and regulations > established pursuant to this Agreement; > > (d) ensuring that action is taken to remedy any violation of any provision > of this Agreement or of the electoral rules and regulations established > pursuant to this Agreement, including imposing penalties against any person > or body that violates such provisions; and accrediting observers, including > personnel from international organizations and foreign and domestic > non-governmental organizations, and ensuring that the Parties grant > accredited observers unimpeded access and movement. > > 3. Composition and Functionina of the Commission. The Commission shall > consist of the Head of the OSCE Mission, the High Representative or his or > her designee, representatives of the Parties, and such other persons as the > Head of the OSCE Mission, in consultation with the Parties, may decide. The > Head of the OSCE Mission shall act as Chairman of the Commission. In the > event of disputes within the Commission, the decision of the Chairman shall > be final. > > 4. Privileqes and Immunities. The Chairman and Commission shall enjoy the > right to establish communications facilities and to engage local and > administrative staff, and the status, privileges and immunities accorded to > a diplomatic agent and mission under the Vienna Convention on Diplomatic > Relations. > > Article IV > > Eligibility > > 1. Voters. Any citizen of Bosnia and Herzegovina aged 18 or older whose > name appears on the 1991 census for Bosnia and Herzegovina shall be > eligible, in accordance with electoral rules and regulations, to vote. A > citizen who no longer lives in the municipality in which he or she resided > in 1991 shall, as a general rule, be expected to vote, in person or by > g absentee ballot, in that municipality, provided that the person > [ is determined to have been registered in that municipality as confirmed > by the local election commission and the Provisional Election Commission. > Such a citizen may, however, apply to the Commission to cast his or her > ballot elsewhere. The exercise TV of a refugee's right to vote shall be > interpreted as > tiS confirmation of his or her intention to return to Bosnia and > ; Herzegovina. By Election Day, the return of refugees should already be > underway, thus allowing many to participate in person in elections in > Bosnia and Herzegovina. The Commission may provide in the electoral rules > and regulations for citizens not listed in the 1991 census to vote. > > Article V > > Permanent_Election Commlssion > > The Parties agree to create a permanent Election Commission with > responsibilities to conduct future elections in Bosnia and Herzeqovina. > > Article VI > > Entry into Force > > This Agreement shall enter into force upon signature. > > ATTACHMENT > > TO ANNEX 3 ON ELECTIONS > > Document of the Second Meeting of the Conference on the Human Dirnension of > the Conference on Security and Cooperation in Europe, Copenhagen, 1990 > > Paragraphs 7 and 8: > > (7) To ensure that the will ofthe people serves as the basis of the > authority of govermnent, the participating States will > > (7.1) - hold free elections at reasonable intervals, as established by law; > > (7.2) - permit all seats in at least one chamber of the national > legislature to be freely contested in a popular vote; > > (7.3) - guarantee universal and equal suffrage to adult citizens; > > (7.4) - ensure that votes are cast by secret ballot or by equivalent free > voting procedure, and that they are counted and reported honestly with the > official results made public; > > (7.5) - respect the Aght of citizens to seek political or public office, > individually or as representatives of political parties or organizations, > without discrirnination; > > (7.6) - respect the right of individuals and groups to establish, in full > freedom, their own political parties or other political organizations and > provide such political parties and organizations with the necessary legal > guarantees to enable them to compete with each other on a basis of equal > treatment before the law and by the authorities; > > (7.7) - ensure that law and public policy work to permit political > campaigning to be conducted in a fair and free atmosphere in which neither > administrative action, violence nor intimidation bars the parties and the > candidates from freely presenting their views and qualifications, or > prevents the voters from learning and discussing them or from casting their > vote free of fear of retribution; > > (7.8) - provide that no legal or administrative obstacle stands in the way > of unimpeded access to the media on a non-discriminatory basis for all > political groupings and individuals wishing to participate in the electoral > process; > > (7.9) - ensure that candidates who obtain the necessary number of votes > required by law are duly installed in office and are permitted to remain in > office until their tenn expires or is otherwise brought to an end in a > manner that is regulated by law in conformity with democratic parliamentary > and constitutional procedures. > > (8) - The participating States consider that the presence of observers, > both foreign and domestic, can enhance the electoral process for States in > which elections are taking place. They therefore invite observers from any > other CSCE participating States and any appropriate private institutions > and orgsni7ntions who may wish to do so to observe the course of their > national election proceedings, to the extent permitted by law. they will > also endeavour to facilitate similar access for election proceedings held > below the national level. Such observers will undertake not to interfere in > the electoral proceedings. > > +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ > > CONSTITUTION OF BOSNIA HERZEG0VINA > > --------------------------------------------------------------------------- > > PREAMBLE > > Based on respect for human dignity, liberty, and equality, > > Dedicated to peace, justice, tolerance, and reconciliation, > > Convinced that democratic governmental institutions and fair procedures > best produce peaceful relations within a pluralist society, > > Desiring to promote the general welfare and economic growth through the > protection of private property and the promotion of a market economy, > > Guided by the Purposes and Principles of the Charter of the United Nations, > > Committed to the sovereignty, territorial integrity, and political > independence of Bosnia and Herzegovina in accordance with international > law, > > Determined to ensure full respect for international humanitarian law, > > Inspired by the Universal Declaration of Human Rights, the International > Covenants on Civil and Political Rights and on Economic, Social and > Cultural Rights, and the Declaration on the Rights of Persons Belonging to > National or Ethnic, Religious and Linguistic Minorities, as well as other > human rights instruments, > > Recalling the Basic Principles agreed in Geneva on September 8, 1995, and > in New York on September 26, 1995, > > Bosniacs, Croats, and Serbs, as constituent peoples (along with Others), > and citizens of Bosnia and Herzegovina hereby determine that the > Constitution of Bosnia and Herzegovina is as follows: > Article I > Bosnia and Herzegovina > > 1. Continuation. The Republic of Bosnia and Herzegovina, the official name > of which shall henceforth be "Bosnia and Herzegovina," shall continue its > legal existence under international law as a state, with its internal > structure modified as provided herein and with its present internationally > recognized borders. It shall remain a Member State of the United Nations > and may as Bosnia and Herzegovina maintain or apply for membership in > organizations within the United Nations system and other international > organizations. > > 2. Democratic Principles. Bosnia and Herzegovina shall be a democratic > state, which shall operate under the rule of law and with free and > democratic elections. > > 3. Composition. Bosnia and Herzegovina shall consist of the two Entities, > the Federation of Bosnia and Herzegovina and the Republika Srpska > (hereinafter "the Entities"). > > 4. Movement of Goods. Services. Capital. and Persons. There shall be > freedom of movement throughout Bosnia and Herzegovina. Bosnia and > Herzegovina and the Entities shall not impede full freedom of movement of > persons, goods, services, and capital throughout Bosnia and Herzegovina. > Neither Entity shall establish controls at the boundary between the > Entities. > > 5. Capital. The capital of Bosnia and Herzegovina shall be Sarajevo. > > 6. Symbols. Bosnia and Herzegovina shall have such symbols as are decided > by its Parliamentary Assembly and approved by the Presidency. > > 7. Citizenship. There shall be a citizenship of Bosnia and Herzegovina, to > be regulated by the Parliamentary Assembly, and a citizenship of each > Entity, to be regulated by each Entity, provided that: > > (a) All citizens of either Entity are thereby citizens of Bosnia and > Herzegovina. > > (b) No person shall be deprived of Bosnia and Herzegovina or Entity > citizenship arbitrarily or so as to leave him or her stateless. No person > shall be deprived of Bosnia and Herzegovina or Entity citizenship on any > ground such as sex, race, color, language, religion, political or other > opinion, national or social origin, association with a national minority, > property, birth or other status. > > ‹ 3 ‹ > > (c) All persons who were citizens of the Republic of Bosnia and Herzegovina > immediately prior to the entry into force of this Constitution are citizens > of Bosnia and Herzegovina. The citizenship of persons who were naturalized > after April 6, 1992 and before the entry into force of this Constitution > will be regulated by the Parliamentary Assembly. > > (d) Citizens of Bosnia and Herzegovina may hold the citizenship of another > state, provided that there is a bilateral agreement, approved by the > Parliamentary Assembly in accordance with Article IV(4)(d), between Bosnia > and Herzegovina and that state governing this matter. Persons with dual > citizenship may vote in Bosnia and Herzegovina and the Entities only if > Bosnia and Herzegovina is their country of residence. > > (e) A citizen of Bosnia and Herzegovina abroad shall enjoy the protection > of Bosnia and Herzegovina. Each Entity may issue passports of Bosnia and > Herzegovina to its citizens as regulated by the Parliamentary Assembly. > Bosnia and Herzegovina may issue passports to citizens not issued a > passport by an Entity. There shall be a central register of all passports > issued by the Entities and by Bosnia and Herzegovina. > > Article II > Human Rights and Fundamental Freedoms > > 1. Human Rights. Bosnia and Herzegovina and both Entities shall ensure the > highest level of internationally recognized human rights and fundamental > freedoms. To that end, there shall be a Human Rights Commission for Bosnia > and Herzegovina as provided for in Annex 6 to the General Framework > Agreement. > > 2. International Standards. The rights and freedoms set forth in the > European Convention for the Protection of Human Rights and Fundamental > Freedoms and its Protocols shall apply directly in Bosnia and Herzegovina. > These shall have priority over all other law. > > 3. Enumeration of Rights. All persons within the territory of Bosnia and > Herzegovina shall enjoy the human rights and fundamental freedoms referred > to in paragraph 2 above; these include: > > (a) The right to life. > > (b) The right not to be subjected to torture or to inhuman or degrading > treatment or punishment. > > (c) The right not to be held in slavery or servitude or to perform forced > or compulsory labor. > > (d) The rights to liberty and security of person. > > (e) The right to a fair hearing in civil and criminal matters, and other > rights relating to criminal proceedings. > > (f) The right to private and family life, home, and correspondence. > > (g) Freedom of thought, conscience, and religion. > > (h) Freedom of expression. > > (i) Freedom of peaceful assembly and freedom of association with others. > > (j) The right to marry and to found a family. > > (k) The right to property. > > (l) The right to education. > > (m) The right to liberty of movement and residence. > > 4. Non-Discrimination. The enjoyment of the rights and freedoms provided > for in this Article or in the international agreements listed in Annex I to > this Constitution shall be secured to all persons in Bosnia and Herzegovina > without discrimination on any ground such as sex, race, color, language, > religion, political or other opinion, national or social origin, > association with a national minority, property, birth or other status. > > 5. Refuqees and Displaced Persons. All refugees and displaced persons have > the right freely to return to their homes of origin. They have the right, > in accordance with Annex 7 to the General Framework Agreement, to have > restored to them property of which they were deprived in the course of > hostilities since 1991 and to be compensated for any such property > that.cannot be restored to them. Any commitments or statements relating to > such property made under duress are null and void. > > 6. Implementation. Bosnia and Herzegovina, and all courts, agencies, > governmental organs, and instrumentalities operated by or within the > Entities, shall apply and conform to the human rights and fundamental > freedoms referred to in paragraph 2 above. > > 7. International Aareements. Bosnia and Herzegovina shall remain or become > party to the international agreements listed in Annex I to this > Constitution. > > 8. Cooperation. All competent authorities in Bosnia and Herzegovina shall > cooperate with and provide unrestricted access to: any international human > rights monitoring mechanisms established for Bosnia and Herzegovina; the > supervisory bodies established by any of the international agreements > listed in Annex I to this Constitution; the International Tribunal for the > Former Yugoslavia (and in particular shall comply with orders issued > pursuant to Article 29 of the Statute of the Tribunal); and any other > organization authorized by the United Nations Security Council with a > mandate concerning human rights or humanitarian law. > > Article III > Responsibilities of and Relations Between > The Institutions of Bosnia and Herzeaovina > And the Entities > > 1. Responsibilities of the Institutions of Bosnia and Herzeaovina. The > following matters are the responsibility of the institutions of Bosnia and > Herzegovina: > > (a) Foreign policy. > > (b) Foreign trade policy. > > (c) Customs policy. > > (d) Monetary policy as provided in Article VII. > > (e) Finances of the institutions and for the international obligations of > Bosnia and Herzegovina. > > (f) Immigration, refugee, and asylum policy and regulation. > > (g) International and inter-Entity criminal law enforcement, including > relations with Interpol. > > (h) Establishment and operation of common and international communications > facilities. > > (i) Regulation of inter-Entity transportation. > > (j) Air traffic control. > > 2. Responsibilities of the Entities. > > (a) The Entities shall have the right to establish special parallel > relationships with neighboring states consistent with the sovereignty and > territorial integrity of Bosnia and Herzegovina. > > (b) Each Entity shall provide all necessary assistance to the government of > Bosnia and Herzegovina in order to enable it to honor the international > obligations of Bosnia and Herzegovina, provided that financial obligations > incurred by one Entity without the consent of the other prior to the > election of the Parliamentary Assembly and Presidency of Bosnia and > Herzegovina shall be the responsibility of that Entity, except insofar as > the obligation is necessary for continuing the membership of Bosnia and > Herzegovina in an international organization. > > (c) The Entities shall provide a safe and secure environment for all > persons in their respective jurisdictions, by maintaining civilian law > enforcement agencies operating in accordance with internationally > recognized standards and with respect for the internationally recognized > human rights and fundamental freedoms referred to in Article II above, and > by taking such other measures as appropriate. > > (d) Each Entity may also enter into agreements with states and > international organizations with the consent of the Parliamentary Assembly. > The Parliamentary Assembly may provide by law that certain types of > agreements do not require such consent. > > 3. Law and Responsibilities of the Entities and the Institutions. > > (a) All governmental functions and powers not expressly assigned in this > Constitution to the institutions of Bosnia and Herzegovina shall be those > of the Entities. > > (b) The Entities and any subdivisions thereof shall comply fully with this > Constitution, which supersedes inconsistent provisions of the law of Bosnia > and Herzegovina and of the constitutions and law of the Entities, and with > the decisions of the institutions of Bosnia and Herzegovina. The general > principles of international law shall be an integral part of the law of > Bosnia and Herzegovina and the Entities. > > 4. Coordination. The Presidency may decide to facilitate inter Entity > coordination on matters not within the responsibilities of Bosnia and > Herzegovina as provided in this Constitution, unless an Entity objects in > any particular case. > - 7 > > 5. Additional Responsibilities. > > (a) Bosnia and Herzegovina shall assume responsibility for such other > matters as are agreed by the Entities; are provided for in Annexes 5 > through 8 to the General Framework Agreement; or are necessary to preserve > the sovereignty, territorial integrity, political independence, and > international personality of Bosnia and Herzegovina, in accordance with the > division of responsibilities between the institutions of Bosnia and > Herzegovina. Additional institutions may be established as necessary to > carry out such responsibilities. > > (b) Within six months of the entry into force of this Constitution, the > Entities shall begin negotiations with a view to including in the > responsibilities of the institutions of Bosnia and Herzegovina other > matters, including utilization of energy resources and cooperative economic > projects. > > Article IV > Parliamentary Assembly > > The Parliamentary Assembly shall have two chambers: the House of Peoples > and the House of Representatives. > > 1. House of Peoples. The House of Peoples shall comprise 15 Delegates, > two-thirds from the Federation (including five Croats and five Bosniacs) > and one-third from the Republika Srpska (five Serbs). > > (a) The designated Croat and Bosniac Delegates from the Federation shall be > selected, respectively, by the Croat and Bosniac Delegates to the House of > Peoples of the Federation. Delegates from the Republika Srpska shall be > selected by the National Assembly of the Republika Srpska. > > (b) Nine members of the House of Peoples shall comprise a quorum, provided > that at least three Bosniac, three Croat, and three Serb Delegates are > present. > > 2. House of Representatives. The House of Representatives shall comprise 42 > Members, two-thirds elected from the territory of the Federation, one-third > from the territory of the Republika Srpska. > > (a) Members of the House of Representatives shall be directly elected from > their Entity in accordance with an election law to be adopted by the > Parliamentary Assembly. The first election, however, shall take place in > accordance with Annex 3 to the General Framework Agreement. > (b) A majority of all members elected to the House of Representatives shall > comprise a quorum. > > 3. Procedures . > > (a) Each chamber shall be convened in Sarajevo not more than 30 days after > its selection or election. > > (b) Each chamber shall by majority vote adopt its internal rules and select > from its members one Serb, one Bosniac, and one Croat to serve as its Chair > and Deputy Chairs, with the position of Chair rotating among the three > persons selected. > > (c) All legislation shall require the approval of both chambers. > > (d) All decisions in both chambers shall be by majority of those present > and voting. The Delegates and Members shall make their best efforts to see > that the majority includes at least one-third of the votes of Delegates or > Members from the territory of each Entity. If a majority vote does not > include one-third of the votes of Delegates or Members from the territory > of each Entity, the Chair and Deputy Chairs shall meet as a commission and > attempt to obtain approval within three days of the vote. If those efforts > fail, decisions shall be taken by a majority of those present and voting, > provided that the dissenting votes do not include two thirds or more of the > Delegates or Members elected from either Entity. > > (e) A proposed decision of the Parliamentary Assembly may be declared to be > destructive of a vital interest of the Bosniac, Croat, or Serb people by a > majority of, as appropriate, the Bosniac, Croat, or Serb Delegates selected > in accordance with paragraph l(a) above. Such a proposed decision shall > require for approval in the House of Peoples a majority of the Bosniac, of > the Croat, and of the Serb Delegates present and voting. > > (f) When a majority of the Bosniac, of the Croat, or of the Serb Delegates > objects to the invocation of paragraph (e), the Chair of the House of > Peoples shall immediately convene a Joint Commission comprising three > Delegates, one each selected by the Bosniac, by the Croat, and by the Serb > Delegates, to resolve the issue. If the Commission fails to do so within > five days, the matter will be referred to the Constitutional Court, which > shall in an expedited process review it for procedural regularity. > > (g) The House of Peoples may be dissolved by the Presidency or by the House > itself, provided that the House's decision to dissolve is approved by a > majority that includes the > majority of Delegates from at least two of the Bosniac, Croat, or Serb > peoples. The House of Peoples elected in the first elections after the > entry into force of this Constitution may not, however, be dissolved. > > (h) Decisions of the Parliamentary Assembly shall not take effect before > publication. > > (i) Both chambers shall publish a complete record of their deliberations > and shall, save in exceptional circumstances in accordance with their > rules, deliberate publicly. > > (j) Delegates and Members shall not be held criminally or civilly liable > for any acts carried out within the scope of their duties in the > Parliamentary Assembly. > > 4. Powers. The Parliamentary Assembly shall have responsibility for: > > (a) Enacting legislation as necessary to implement decisions of the > Presidency or to carry out the responsibilities of the Assembly under this > Constitution. > > (b) Deciding upon the sources and amounts of revenues for the operations of > the institutions of Bosnia and Herzegovina and international obligations of > Bosnia and Herzegovina. > > (c) Approving a budget for the institutions of Bosnia and Herzegovina. > > (d) Deciding whether to consent to the ratification of treaties. > > (e) Such other matters as are necessary to carry out its duties or as are > assigned to it by mutual agreement of the Entities. > > Article V > Presidency > > The Presidency of Bosnia and Herzegovina shall consist of three Members: > one Bosniac and one Croat, each directly elected from the territory of the > Federation, and one Serb directly elected from the territory of the > Republika Srpska. > > 1. Election and Term. > > (a) Members of the Presidency shall be directly elected in each Entity > (with each voter voting to fill one seat on the Presidency) in accordance > with an election law adopted by the Parliamentary Assembly. The first > election, however, > shall take place in accordance with Annex 3 to the General Framework > Agreement. Any vacancy in the Presidency shall be filled from the relevant > Entity in accordance with a law to be adopted by the Parliamentary > Assembly. > > (b) The term of the Members of the Presidency elected in the first election > shall be two years; the term of Members subsequently elected shall be four > years. Members shall be eligible to succeed themselves once and shall > thereafter be ineligible for four years. > > 2. Procedures. > > (a) The Presidency shall determine its own rules of procedure, which shall > provide for adequate notice nf n1 1 meetings of the Presidency. > > (b) The Members of the Presidency shall appoint from their Members a Chair. > For the first term of the Presidency, the Chair shall be the Member who > received the highest number of votes. Thereafter, the method of selecting > the Chair, by rotation or otherwise, shall be determined by the > Parliamentary Assembly, subject to Article IV(3). > > (c) The Presidency shall endeavor to adopt all Presidency Decisions (i.e., > those concerning matters arising under Article III(l)(a) - (e)) by > consensus. Such decisions may, subject to paragraph (d) below, nevertheless > be adopted by two Members when all efforts to reach consensus have failed. > > (d) A dissenting Member of the Presidency may declare a Presidency Decision > to be destructive of a vital interest of the Entity from the territory from > which he was elected, provided that he does so within three days of its > adoption. Such a Decision shall be referred immediately to the National > Assembly of the Republika Srpska, if the declaration was made by the Member > from that territory; to the Bosniac Delegates of the House of Peoples of > the Federation, if the declaration was made by the Bosniac Member; or to > the Croat Delegates of that body, if the declaration was made by the Croat > Member. If the declaration is confirmed by a two thirds vote of those > persons within ten days of the referral, the challenged Presidency Decision > shall not take effect. > > 3. Powers. The Presidency shall have responsibility for: > > (a) Conducting the foreign policy of Bosnia and Herzegovina. > > (b) Appointing ambassadors and other international representatives of > Bosnia and Herzegovina, no more than two-thirds of whom may be selected > from the territory of the Federation. > > (c) Representing Bosnia and Herzegovina in international and European > organizations and institutions and seeking membership in such organizations > and institutions of which Bosnia and Herzegovina is not a member. > > (d) Negotiating, denouncing, and, with the consent of the Parliamentary > Assembly, ratifying treaties of Bosnia and Herzegovina. > > (e) Executing decisions of the Parliamentary Assembly. > > (f) Proposing, upon the recommendation of the Council of Ministers, an > annual budget to the Parliamentary Assembly. > > (g) Reporting as requested, but not less than annually, to the > Parliamentary Assembly on expenditures by the Presidency. > > (h) Coordinating as necessary with international and nongovernmental > organizations in Bosnia and Herzegovina. > > (i) Performing such other functions as may be necessary to carry out its > duties, as may be assigned to it by the Parliamentary Assembly, or as may > be agreed by the Entities. > > 4. Council of Ministers. The Presidency shall nominate the Chair of the > Council of Ministers, who shall take office upon the approval of the House > of Representatives. The Chair shall nominate a Foreign Minister, a Minister > for Foreign Trade, and other Ministers as may be appropriate, who shall > take office upon the approval of the House of Representatives. > > (a) Together the Chair and the Ministers shall constitute the Council of > Ministers, with responsibility for carrying out the policies and decisions > of Bosnia and Herzegovina in the fields referred to in Article III(1), (4), > and (5) and reporting to the Parliamentary Assembly (including, at least > annually, on expenditures by Bosnia and Herzegovina). > > (b) No more than two-thirds of all Ministers may be appointed from the > territory of the Federation. The Chair shall also nominate Deputy Ministers > (who shall not be of the same constituent people as their Ministers), who > shall take office upon the approval of the House of Representatives. > (c) The Council of Ministers shall resign if at any time there is a vote of > no-confidence by the Parliamentary Assembly. > > 5. Standing Committee. > > (a) Each member of the Presidency shall, by virtue of the office, have > civilian command authority over armed forces. Neither Entity shall threaten > or use force against the other Entity, and under no circumstances shall any > armed forces of either Entity enter into or stay within the territory of > the other Entity without the consent of the government of the latter and of > the Presidency of Bosnia and Herzegovina. All armed forces in Bosnia and > Herzegovina shall operate consistently with the sovereignty and territorial > integrity of Bosnia and Herzegovina. > > (b) The members of the Presidency shall select a Standing Committee on > Military Matters to coordinate the activities of armed forces in Bosnia and > Herzegovina. The Members of the Presidency shall be members of the Standing > Committee. > > Article VI > Constitutional Court > > 1. Composition. The Constitutional Court of Bosnia and Herzegovina shall > have nine members. > > (a) Four members shall be selected by the House of Representatives of the > Federation, and two members by the Assembly of the Republika Srpska. The > remaining three members shall be selected by the President of the European > Court of Human Rights after consultation with the Presidency. > > (b) Judges shall be distinguished jurists of high moral standing. Any > eligible voter so qualified may serve as a judge of the Constitutional > Court. The judges selected by the President of the European Court of Human > Rights shall not be citizens of Bosnia and Herzegovina or of any > neighboring state. > > (c) The term of judges initially appointed shall be five years, unless they > resign or are removed for cause by consensus of the other judges. Judges > initially appointed shall not be eligible for reappointment. Judges > subsequently appointed shall serve until age 70, unless they resign or are > removed for cause by consensus of the other judges. > 13 > > (d) For appointments made more than five years after the initial > appointment of judges, the Parliamentary Assembly may provide by law for a > different method of selection of the three judges selected by the President > of the European Court of Human Rights. > > 2. Procedures. > > (a) A majority of all members of the Court shall constitute a quorum. > > (b) The Court shall adopt its own rules of court by a majority of all > members. It shall hold public proceedings and shall issue reasons for its > decisions, which shall be published. > > 3. Jurisdiction. The Constitutional Court shall uphold this Constitution. > > (a) The Constitutional Court shall have exclusive jurisdiction to decide > any dispute that arises under this Constitution between the Entities or > between Bosnia and Herzegovina and an Entity or Entities, or between > institutions of Bosnia and Herzegovina, including but not limited to:- > > Whether an Entity's decision to establish a special parallel relationship > with a neighboring state is consistent with this Constitution, including > provisions concerning the sovereignty and territorial integrity of Bosnia > and Herzegovina.- > > Whether any provision of an Entity's constitution or law is consistent with > this Constitution. > > Disputes may be referred only by a member of the Presidency, by the Chair > of the Council of Ministers, by the Chair or a Deputy Chair of either > chamber of the Parliamentary Assembly, by one fourth of the members of > either chamber of the Parliamentary Assembly, or by one-fourth of either > chamber of a legislature of an Entity. > > (b) The Constitutional Court shall also have appellate jurisdiction over > issues under this Constitution arising out of a judgment of any other court > in Bosnia and Herzegovina. > > (c) The Constitutional Court shall have jurisdiction over issues referred > by any court in Bosnia and Herzegovina concerning whether a law, on whose > validity its decision depends, is compatible with this Constitution, with > the European Convention for Human Rights and Fundamental Freedoms and its > Protocols, or with the laws of Bosnia and > > - 14 > > Herzegovina; or concerning the existence of or the scope of a general rule > of public international law pertinent to the court's decision. > > 4. Decisions. Decisions of the Constitutional Court shall be final and > binding. > > Article VII > Central Bank > > There shall be a Central Bank of Bosnia and Herzegovina, which shall be the > sole authority for issuing currency and for monetary policy throughout > Bosnia and Herzegovina. > > 1. The Central Bank's responsibilities will be determined by the > Parliamentary Assembly. For the first six years after the entry into force > of this Constitution, however, it may not extend credit by creating money, > operating in this respect as a currency board; thereafter, the > Parliamentary Assembly may give it that authority. > > 2. The first Governing Board of the Central Bank shall consist of a > Governor appointed by the International Monetary Fund, after consultation > with the Presidency, and three members appointed by the Presidency, two > from the Federation (one Bosniac, one Croat, who shall share one vote) and > one from the Republika Srpska, all of whom shall serve a six-year term. The > Governor, who shall not be a citizen of Bosnia and Herzegovina or any > neighboring state, may cast tiebreaking votes on the Governing Board. > > 3. Thereafter, the Governing Board of the Central Bank of Bosnia and > Herzegovina shall consist of five persons appointed by the Presidency for a > term of six years. The Board shall appoint, from among its members, a > Governor for a term of six years. > > Article VIII > Finances > > 1. The Parliamentary Assembly shall each year, on the proposal of the > Presidency, adopt a budget covering the expenditures required to carry out > the responsibilities of institutions of Bosnia and Herzegovina and the > internationa. Obligations of Bosnia and Herzegovina. > the > > 2. If no such budget is adopted in due time, the budget for the previous > year shall be used on a provisional basis. > > 15 > > 3. The Federation shall provide two-thirds, and the Republika Srpska > one-third, of the revenues required by the budget, except insofar as > revenues are raised as specified by the Parliamentary Assembly. > > Article IX > General Provisions > > 1. No person who is serving a sentence imposed by the International > Tribunal for the Former Yugoslavia, and no person who is under indictment > by the Tribunal and who has failed to comply with an order to appear before > the Tribunal, may stand as a candidate or hold any appointive, elective, or > other public office in the territory of Bosnia and Herzegovina. > > 2. Compensation for persons holding office in the institutions of Bosnia > and Herzegovina may not be diminished during an officeholder's tenure. > > 3. Officials appointed to positions in the institutions of Bosnia and > Herzegovina shall be generally representative of the peoples of Bosnia and > Herzegovina. > > Article X > Amendment > > 1. Amendment Procedure. This Constitution may be amended by a decision of > the Parliamentary Assembly, including a twothirds majority of those present > and voting in the House of Representatives. > > 2. Human Riahts and Fundamental Freedoms. No amendment to this Constitution > may eliminate or diminish any of the rights and freedoms referred to in > Article II of this Constitution or alter the present paragraph. > > Article XI > Transitional Arranaements > > Transitional arrangements concerning public offices, law, and other matters > are set forth in Annex II to this Constitution. > Article XII > Entry into Force > > 1. This Constitution shall enter into force upon signature of the General > Framework Agreement as a constitutional act amending and superseding the > Constitution of the Republic of Bosnia and Herzegovina. > > 2. Within three months from the entry into force of this Constitution, the > Entities shall amend their respective constitutions to ensure their > conformity with this Constitution in accordance with Article III(3)(b). > ANNEX I > > ADDITIONAL HUMAN RIGHTS AGREEMENTS TO BE APPLIED > IN BOSNIA AND HERZEGOVINA > > 1. 1948 Convention on the Prevention and Punishment of the Crime of > Genocide > > 2. 1949 Geneva Conventions I-IV on the Protection of the Victims of War, > and the 1977 Geneva Protocols I-II thereto > > 3. 1951 Convention relating to the Status of Refugees and the 1966 Protocol > thereto > > 4. 1957 Convention on the Nationality of Married Women > > 5. 1961 Convention on the Reduction of Statelessness > > 6. 1965 International Convention on the Elimination of All Forms of Racial > Discrimination > > 7. 1966 International Covenant on Civil and Political Rights and the 1966 > and 1989 Optional Protocols thereto > > 8. 1966 Covenant on Economic, Social and Cultural Rights > > 9. 1979 Convention on the Elimination of All Forms of Discrimination > against Women > > 10. 1984 Convention against Torture and Other Cruel, Inhuman or Degrading > Treatment or Punishment > > 11. 1987 European Convention on the Prevention of Torture and Inhuman or > Degrading Treatment or Punishment > > 12. 1989 Convention on the Rights of the Child > > 13. 1990 International Convention on the Protection of the Rights of All > Migrant Workers and Members of Their > > 14. 1992 European Charter for Regional or Minority Languages > > 15. 1994 Framework Convention for the Protection of National Minorities > > Annex II > > TRANSITIONAL ARRANGEMENTS > > 1. Joint Interim Commission. > > (a) The Parties hereby establish a Joint Interim Commission with a mandate > to discuss practical questions related to the implementation of the > Constitution of Bosnia and Herzegovina and of the General Framework > Agreement and its Annexes, and to make recommendations and proposals. > > (b) The Joint Interim Commission shall be composed of four persons from the > Federation, three persons from the Republika Srpska, and one representative > of Bosnia and Herzegovina. > > |(c) Meetings of the Commission shall be chaired by > the High Representative or his or designee. > > 2. Continuation of Laws. > > All laws, regulations, and judicial rules of procedure in effect within the > territory of Bosnia and Herzegovina when the Constitution enters into force > shall remain in effect to the extent not inconsistent with the > Constitution, until otherwise determined by a competent governmental body > of Bosnia and Herzegovina . > > 3. Judicial and Administrative Proceedinqs. > > All proceedings in courts or administrative agencies t functioning within > the territory of Bosnia and Herzegovina when the Constitution enters into > force shall continue in or be transferred to other courts or agencies in > Bosnia and in accordance with any legislation governing the competence of > such courts or agencies. > > 4. offices. > > Until superseded by applicable agreement or law, governmental offices, > institutions, and other bodies of Bosnia and Herzegovina will operate in > accordance with applicable law. > > ‹ 2 ‹ > > 5. Treaties. > > Any treaty ratified by the Republic of Bosnia and Herzegovina between > January 1, 1992 and the entry into force of this Constitution shall be > disclosed to Members of the Presidency within 15 days of their assuming > office; any such treaty not disclosed shall be denounced. Within six months > after the Parliamentary Assembly is first convened, at the request of any > member of the Presidency, the Parliamentary Assembly shall consider whether > to denounce any other such treaty. > > DECLARATION ON BEHALF OF THE REPUBLIC OF BOSNIA AND HERZEGOVINA > > The Republic of Bosnia and Herzegovina approves the Constitution of Bosnia > and Herzegovina at Annex 4 to the General Framework Agreement. > > For the Republic of > Bosnia and Herzegovina > DECLARATION ON BEHALF OF THE FEDERATION OF BOSNIA AND HERZEGOVINA > > _____________________________________________ > > The Federation of Bosnia and Herzegovina, on behalf of its constituent > peoples and citizens, approves the Constitution of Bosnia and Herzegovina > at Annex 4 to the General Framework Agreement. > > For the Federation of > Bosnia and Herzegovina > > _____________________________________________ > > DECLARATION ON BEHALF OF THE REPUBLIKA SRPSKA > > The Republika Srpska approves the Constitution of Bosnia and Herzegovina at > Annex 4 to the General Framework Agreement. > > For the > Republika Srpska > > _____________________________________________ > > +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ > > AGREEMENT ON ARBITRATION > > --------------------------------------------------------------------------- > > Annex 5 > > The Federation of Bosnia and Herzegovina and the Republika Srpska agree to > honor the following obligations as set forth in the Agreed Basic Principles > adopted at Geneva on September 8, 1995, by the Republic of Bosnia and > Herzegovina, the Republic of Croatia, and the Federal Republic of > Yugoslavia, the latter representing also the Republika Srpska: > > Paragraph 2.4. "The two entities will enter into reciprocal > commitments. . .(c) to engage in binding arbitration to resolve > disputes between them." > > Paragraph 3. "The entities have agreed in principle to the following:... > 3.5 The design and implementation of a system of arbitration for the > solution of disputes between the two entities." > >