> AGREEMENT ON HUMAN RIGHTS
> 
> ---------------------------------------------------------------------------
> The Republic of Bosnia and Herzegovina, the Federation of Bosnia and
> Herzegovina and the Republika Srpska (the "Parties") have agreed as
> follows:
> 
> CHAPTER ONE: RESPECT FOR HUMAN RIGHTS
> 
> Article I
> 
> Fundamental Riqhts and Freedoms
> 
> The Parties shall secure to all persons within their jurisdiction the
> highest level of internationally recognized human rights and fundamental
> freedoms, including the rights and freedoms provided in the European
> Convention for the Protection of Human Rights and Fundamental Freedoms and
> its Protocols and the other international agreements listed in the Appendix
> to this Annex. These include:
> 
> (1) The right to life.
> 
> (2) The right not to be subjected to torture or to inhuman or degrading
> treatment or punishment.
> 
> (3) The right not to be held in slavery or servitude or to perform forced
> or compulsory labor.
> 
> (4) The rights to liberty and security of person.
> 
> (5) The right to a fair hearing in civil and criminal matters, and other
> rights relating to criminal proceedings.
> 
> (6) The right to private and family life, home, and correspondence.
> 
> (7) Freedom of thought, conscience and religion.
> 
> (8) Freedom of expression.
> 
> - 2
> 
> (9) Freedom of peaceful assembly and freedom of association with others.
> 
> (10) The right to marry and to found a family.
> 
> (11) The right to property.
> 
> (12) The right to education.
> 
> (13) The right to liberty of movement and residence.
> 
> (14) The enjoyment of the rights and freedoms provided for in this Article
> or in the international agreements listed in the Annex to this Constitution
> secured 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.
> 
> CHAPTER TWO: THE COMMISSION ON HUMAN RIGHTS
> Part A: GENERAL
> 
> Article II
> 
> Establishment of the Commission
> 
> 1. To assist in honoring their obligations under this Agreement, the
> Parties hereby establish a Commission on Human Rights (the "Commission").
> The Commission shall consist of two parts: the Office of the Ombudsman and
> the Human Rights Chamber.
> 
> 2. The Office of the Ombudsman and the Human Rights Chamber shall consider,
> as subsequently described:
> 
> (a) alleged or apparent violations of human rights as provided in the
> European Convention for the Protection of Human Rights and Fundamental
> Freedoms and the Protocols thereto, or
> 
> alleged or apparent 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
> arising in the enjoyment of any of the rights and freedoms provided for in
> the international agreements listed in the Appendix to this Annex,
> 
> - 3 -
> 
> where such violation is alleged or appears to have been committed by the
> Parties, including by any official or organ of the Parties, Cantons,
> Municipalities, or any individual acting under the authority of such
> official or organ.
> 
> 3. The Parties recognize the right of all persons to submit to the
> Commission and to other human rights bodies applications concerning alleged
> violations of human rights, in accordance with the procedures of this Annex
> and such bodies. The Parties shall not undertake any punitive action
> directed against persons who intend to submit, or have submitted, such
> allegations.
> 
> Article III
> 
> Facilities. Staff and Expenses
> 
> 1. The Commission shall have appropriate facilities and a professionally
> competent staff. There shall be an Executive Officer, appointed jointly by
> the Ombudsman and the President of the Chamber, who shall be responsible
> for all necessary administrative arrangements with respect to facilities
> and staff. The Executive Officer shall be subject to the direction of the
> Ombudsman and the President of the Chamber insofar as concerns their
> respective administrative and professional office staff.
> 
> 2. The salaries and expenses of the Commission and its staff shall be
> determined jointly by the Parties and shall be borne by Bosnia and
> Herzegovina. The salaries and expenses shall be fully adequate to implement
> the Commission's mandate.
> 
> 3. The Commission shall have its headquarters in Sarajevo, including both
> the headquarters Office of the Ombudsman and the facilities for the
> Chamber. The Ombudsman shall have at least one additional office in the
> territory of the Federatign and the Republika Srpska and at other locations
> as it deems appropriate. The Chamber may meet in other locations where it
> determines that the needs of a particular case so require, and may meet at
> any place it deems appropriate for the inspection of property, documents or
> other items.
> 
> 4. The Ombudsman and all members of the Chamber shall not be held
> criminally or civilly liable for any acts carried out within the scope of
> their duties. When the Ombudsman and members of the Chamber are not
> citizens of Bosnia and Herzegovina, they and their families shall be
> accorded the same privileges and immunities as are enjoyed by diplomatic
> agents and their families under the Vienna Convention on Diplomatic
> Relations.
> 
> 5. With full regard for the need to maintain impartiality, t
> the Commission may receive assistance as it deems appropriate from any
> governmental, international, or non-governmental organization.
> 
> -4-
> Part B: HUMAN RIGHTS OMBUDSMAN
> 
> Article IV
> 
> Human Riahts Ombudsman
> 
> 1. The Parties hereby establish the Office of the Human Rights Ombudsman
> ("Ombudsman").
> 
> 2. The Ombudsman shall be appointed for a non-renewable term of five years
> by the Chairman-in-Office of the Organization for Security and Cooperation
> in Europe (OSCE), after consultation with the Parties. He or she shall be
> independently responsible for choosing his or her own staff. Until the
> transfer described in Article XIV below, the Ombudsman may not be a citizen
> of Bosnia and Herzegovina or of any neighboring state. The Ombudsman
> appointed after that transfer shall be appointed by the r Presidency of
> Bosnia and Herzegovina.
> 
> 3. Members of the Office of the Ombudsman must be of recognized high moral
> standing and have competence in the field of international human rights.
> 
> 4. The Office of the Ombudsman shall be an independent agency. In carrying
> out its mandate, no person or organ of the Parties may interfere with its
> functions.
> 
> Article V
> 
> Jurisdiction of the Ombudsman
> 
> 1. Allegations of violations of human rights received by the Commission
> shall generally be directed to the Office of the Ombudsman, except where an
> applicant specifies the Chamber.
> 
> 2. The Ombudsman may investigate, either on his or her own initiative or in
> response to an allegation by any Party or person, non-governmental
> organization, or group of individuals claiming to be the victim of a
> violation by any Party or acting on behalf of alleged victims who are
> deceased or missing, alleged or apparent violations of human rights within
> the scope of paragraph 2 of Article II. The Parties undertake not to hinder
> in any way the effective exercise of this right.
> 
> -5-
> 
> 3. The Ombudsman shall determine which allegations warrant investigation
> and in what priority, giving particular priority allegations of especially
> severe or systematic violations and those founded on alleged discrimination
> on prohibited grounds.
> 
> 4. The Ombudsman shall issue findings and conclusions promptly after
> concluding an investigation. A Party identified as violating human rights
> shall, within a specified period, explain in writing how it will comply
> with the conclusions.
> 
> 5. Where an allegation is received which is within the jurisdiction of the
> Human Rights Chamber, the Ombudsman may refer the allegation to the Chamber
> at any stage.
> 
> 6. The Ombudsman may also present special reports at any time to any
> competent government organ or official. Those receiving such reports shall
> reply within a time limit specified by the Ombudsman, including specific
> responses to any conclusions offered by the Ombudsman.
> 
> 7. The Ombudsman shall publish a report, which, in the event that a person
> or entity does not comply with his or her conclusions and recommendations,
> will be forwarded to the High Representative described in Annex 10 to the
> General Framework Agreement while such office exists, as well as referred
> for further action to the Presidency of the appropriate Party. The
> Ombudsman may also initiate proceedings before the Human Rights Chamber
> based on such Report. The Ombudsman may also intervene in any proceedings
> before the Chamber.
> 
> Article VI
> 
> 1. The Ombudsman shall have access to and may examine all official
> documents, including classified ones, as well as judicial and
> administrative files, and can require any person, including a government
> official, to cooperate by providing relevant information, documents and
> files. The Ombudsman may attend administrative hearings and meetings of
> other organs and may enter and inspect any place where persons deprived of
> their liberty are confined or work.
> 
> 2. The Ombudsman and staff are required to maintain the confidentiality of
> all confidential information obtained, except where required by order of
> the Chamber, and shall treat all documents and files in accordance with
> applicable rules.
> 
> - 6 -
> 
> Part C: HUMAN RIGHTS CHAMBER
> 
> Article VII
> 
> Human Rights Chamber
> 
> 1 The Human Riqhts Chamber shall be composed of fourteen members.
> 
> 2. Within 90 days after this Agreement enters into force, the Federation of
> Bosnia and Herzegovina shall appoint four members and the Republika Srpska
> shall appoint two members. The Committee of Ministers of the Council of
> Europe, pursuant to its resolution (93)6, after consultation with the
> Parties, shall appoint the remaining members, who shall not be citizens of
> Bosnia and Herzegovina or any neighboring state, and shall designate one
> such member as the President of the Chamber.
> 
> 3. All members of the Chamber shall possess the qualifications required for
> appointment to high judicial office or be jurists of recognized competence.
> The members of the Chamber shall be appointed for a term of five years and
> may be reappointed.
> 
> 4. Members appointed after the transfer described in Article XIV below
> shall be appointed by the Presidency of Bosnia and Herzegovina.
> 
> Article VIII
> 
> Jurisdiction of the Chamber
> 
> 1. The Chamber shall receive by referral from the Ombudsman on behalf of an
> applicant, or directly from any Party or person, non-governmental
> organization, or group of individuals claiming to be the victim of a
> violation by any Party or acting on behalf of alleged victims who are
> deceased or missing, for resolution or decision applications concerning
> alleged or apparent violations of human rights within the scope of
> paragraph 2 of Article II.
> 
> 2. The Chamber shall decide which applications to accept and in what
> priority to address them. In so doing, the Chamber shall take into account
> the following criteria:
> 
> (a) Whether effective remedies exist, and the applicant has demonstrated
> that they have been exhausted and that the application has been filed with
> the Commission within six months from such date on which the final decision
> was taken.
> 
> -7-
> 
> (b) The Chamber shall not address any application which is substantially
> the same as a matter which has already been examined by the Chamber or has
> already been submitted to another procedure or international investigation
> or settlement.
> 
> (c) The Chamber shall also dismiss any application which it considers
> incompatible with this Agreement, manifestly ill-founded, or an abuse of
> the right of petition.
> 
> (d) The Chamber may reject or defer further consideration if the
> application concerns a matter currently pending before any other
> international human rights body responsible for the adjudication of
> applications or the decision of cases, or any other Commission established
> by the Annexes to the General Framework Agreement.
> 
> (e) In principle, the Chamber shall endeavor to accept and to give
> particular priority to allegations of especially severe or systematic
> violations and those founded on alleged discrimination on prohibited
> grounds.
> 
> (f) Applications which entail requests for provisional measures shall be
> reviewed as a matter of priority in order to determine (1) whether they
> should be accepted and, if so (2) whether high priority for the scheduling
> of proceedings on the provisional measures request is warranted.
> 
> 2. The Chamber may decide at any point in its proceedings to suspend
> consideration of, reject or strike out, an application on the ground that
> (a) the applicant does not intend to pursue his application; (b) the matter
> has been resolved; or (ch for any other reason established by the Chamber,
> it is no longer justified to continue the examination of the application;
> provided that such result is consistent with the objective of respect for
> human rights.
> 
> Article IX
> 
> Friendly Settlement
> 
> 1. At the outset of a case or at any stage during the proceedings, the
> Chamber may attempt to facilitate an amicable resolution of the matter on
> the basis of respect for the rights and freedoms referred to in this
> Agreement.
> 
> -8-
> 
> 2. If the Chamber succeeds in effecting such a resolution hall publish a
> Report and forward it to the High esentative described in Annex 10 to the
> General Framework ement while such office exists, the OSCE and the
> Secretary ral of the Council of Europe. Such a Report shall include a Lf
> statement of the facts and the resolution reached. The art of a resolution
> in a given case may, however, be idential in whole or in part where
> necessary for the ection of human rights or with the agreement of the
> Chamber and the parties concerned.
> 
> Article X
> 
> Proceedinqs before the Chamber
> 
> 1. The Chamber shall develop fair and effective procedures the adjudication
> of applications. Such procedures shall 3Lde for appropriate written
> pleadings and, on the decision of Chamber, a hearing for oral argument or
> the presentation of Once. The Chamber shall have the power to order
> provisional Cures, to appoint experts, and to compel the production of
> esses and evidence.
> 
> 2. The Chamber shall normally sit in panels of seven, Dosed of two members
> from the Federation, one from the blika Srpska, and four who are not
> citizens of Bosnia and segovina or any neighboring state. When an
> application is Lded by a panel, the full Chamber may decide, upon motion of
> a :y to the case or the Ombudsman, to review the decision; such Lew may
> include the taking of additional evidence where the Her so decides.
> References in this Annex to the Chamber .1 include, as appropriate, the
> Panel, except that the power Revelop general rules, regulations and
> procedures is vested in the Chamber as a whole.
> 
> 3. Except in exceptional circumstances in accordance with rules, hearings
> of the Chamber shall be held in public.
> 
> 4. Applicants may be represented in proceedings by Drneys or other
> representatives of their choice, but shall also be personally present
> unless excused by the Chamber on account of hardship, impossibility, or
> other good cause.
> 
> 5. The Parties undertake to provide all relevant information to, and to
> cooperate fully with, the Chamber.
> 
> -9-
> 
> Article XI
> 
> Decisions
> 
> Following the conclusion of the proceedings, the shall promptly issue a
> decision, which Chamber shall address:
> 
> (a) whether the facts found indicate a breach by the Party concerned of its
> obligations under this Agreement; and if so
> 
> (b) what steps shall be taken by the Party to remedy such breach, including
> orders to cease and desist, monetary relief (including pecuniary and
> non-pecuniary injuries), and provisional measures.
> 
> 2. The Chamber shall make its decision by a majority of members. In the
> event a decision by the full Chamber results in he President of the Chamber
> shall cast the deciding vote.
> 
> 3. Subject to review as provided in paragraph 2 of Article X, the decisions
> of the Chamber shall be final and binding.
> 
> 4. Any member shall be entitled to issue a separate opinion on any case.
> 
> 5. The Chamber shall issue reasons for its decisions. Its decisions shall
> be published and forwarded to the parties concerned, the High
> Representative described in Annex 10 to the General Framework Agreement
> while such office exists, the Secretary General of the Council of Europe
> and the OSCE.
> 
> 6. The Parties shall implement fully decisions of the Chamber.
> 
> Article XII
> 
> Rules and Requlations
> 
> The Chamber shall promulgate such rules and regulations, consistent with
> this Agreement, as may be necessary to carry out its functions, including
> provisions for preliminary hearings, expedited decisions on provisional
> measures, decisions by panels of the Chamber, and review of decisions made
> by any such panels.
> 
> -10-
> 
> CHAPTER THREE: GENERAL PROVISIONS
> 
> Article XIII
> 
> Organizations Concerned with Human Riahts
> 
> 1. The Parties shall promote and encourage the activities of
> non-governmental and international organizations for the protection and
> promotion of human rights.
> 
> 2. The Parties join in inviting the United Nations Commission on Human
> Rights, the OSCE, the United Nations High Commissioner for Human Rights,
> and other intergovernmental or regional human rights missions or
> organizations to monitor closely the human rights situation in Bosnia and
> Herzegovina, including through the establishment of local offices and the
> assignment of observers, rapporteurs, or other relevant persons on a
> permanent or mission-by-mission basis and to provide them with full and
> effective facilitation, assistance and access.
> 
> 3. The Parties shall allow full and effective access to non-governmental
> organizations for purposes of investigating and monitoring human rights
> conditions in Bosnia and Herzegovina and shall refrain from hindering or
> impeding them in the exercise of these functions.
> 
> 4. All competent authorities in Bosnia and Herzegovina shall cooperate with
> and provide unrestricted access to the organizations established in this
> Agreement; any international human rights monitoring mechanisms established
> for Bosnia and Herzegovina; the supervisory bodies established by any of
> the international agreements listed in the Appendix to this Annex; the
> International Tribunal for the Former Yugoslavia; and any other
> organization authorized by the U.N. Security Council with a mandate
> concerning human rights or humanitarian law.
> 
> 
> Article XIV
> 
> Transfer
> 
> Five years after this Agreement enters into force, the responsibility for
> the continued operation of the Commission shall transfer from the Parties
> to the institutions of Bosnia and Herzegovina, unless the Parties otherwise
> agree. In the latter case, the Commission shall continue to operate as
> provided above.
> 
> -11-
> 
> Article XV
> 
> Notice
> 
> The Parties shall give a, effective notice of the terms of this
> Agreement throughout Bosnia and Herzegovina.
> 
> Article XVI
> 
> Entry into Force
> 
> This Agreement shall enter into force upon signature.
> 
> For the Republic of Bosnia and Herzegovina
> 
> _________________________________
> 
> For the Federation of Bosnia and Herzegovina
> 
> ________________________________
> 
> For the Republika Srpska
> 
> _______________________________
> 
> - 12 -
> 
> APPENDIX
> 
> HUMAN RIGHTS AGREBMENTS
> 
> 1948 Convention on the Prevention and Punishment of the Crime of Genocide
> 
> 0 2. 1949 Geneva Conventions I-IV on the Protection of the
> - Victims of War, and the 1977 Geneva Protocols I-II
> thereto
> 
> 1950 European Convention for the Protection of Human
> Rights and Fundamental Freedoms, and the Protocols
> thereto
> 
> 1951 Convention relating to the Status of Refugees and
> the 1966 Protocol thereto
> 
> 1957 Convention on the Nationality of Married Women
> 
> 1961 Convention on the Reduction of Statelessness
> 
> 1965 International Convention on the Elimination of All
> Forms of Racial Discrimination
> 
> 1966 International Covenant on Civil and Political
> Rights and the 1966 and 1989 Optional Protocols thereto
> 
> 1966 Covenant on Economic, Social and Cultural Rights
> 
> 1979 Convention on the Elimination of All Forms of
> Discrimination against Women
> 
> -
> 
> 11. 1984 Convention against Torture and Other Cruel, Inhuman or Degrading
> Treatment or Punishment *
> 
> 12. 1987 European Convention on the Prevention of Torture
> and Inhuman or Degrading Treatment or Punishment
> 
> 13. 1989 Convention on the Rights of the Child
> 
> 14. 1990 Convention on the Protection of the Rights of All Migrant Workers
> and Members of Their Families
> 
> 15. 1992 European Charter for Regional or Minority Languages
> 
> 16. 1994 Framework Convention for the Protection of National Minorities
> 
>
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
> 
> AGREEMENT ON REFUGEES AND DISPLACED PERSONS
> 
> ---------------------------------------------------------------------------
> ANNEX 7
> 
> The Republic of Bosnia and Herzegovina, the Federation of Bosnia and
> Herzegovina, and the Republika Srpska (the "Parties") have agreed as
> follows:
> 
> CHAPTER ONE: PROTECTION
> 
> Article I
> 
> Rights of Refuqees and Displaced Persons
> 
> 1. All refugees and displaced persons have the right freely to return to
> their homes of origin. They shall have the right I to have restored to them
> property of which they were deprived in the course of hostilities since
> 1991 and to be compensated for any property that cannot be restored to
> them. The early return of refugees and displaced persons is an important
> objective of the settlement of the conflict in Bosnia and Herzegovina. The
> Parties confirm that they will accept the return of such persons who have
> left their territory, including those who have been accorded temporary
> protection by third countries.
> 
> 2. The Parties shall ensure that refugees and displaced persons are
> permitted to return in safety, without risk of harassment, intimidation,
> persecution, or discrimination, particularly on account of their ethnic
> origin, religious belief, or political opinion.
> 
> 3. The Parties shall take all necessary steps to prevent activities within
> their territories which would hinder or impede the safe and voluntary
> return of refugees and displaced persons. To demonstrate their commitment
> to securing full respect for the human rights and fundamental freedoms of
> all persons within , their jurisdiction and creating without delay
> conditions Elide suitable for return of refugees and displaced persons, the
> Parties shall take immediately the following confidence building measures:
> (a) the repeal of domestic legislation and administrative practices with
> discriminatory intent or effect;
> 
> (b)the prevention and prompt suppression of any written or verbal
> incitement, through media or otherwise, of ethnic or religious hostility or
> hatred;
> 
> (c) the dissemination, through the media, of warnings against, and the
> prompt suppression of, acts of retribution by military, paramilitary, and
> police services, and by other public officials or private individuals;
> 
> (d) the protection of ethnic and/or minority populations wherever they are
> found and the provision of immediate access to these populations by
> international humanitarian organizations and monitors;
> 
> (e) the prosecution, dismissal or transfer, as appropriate, of persons in
> military, paramilitary, and police forces, and other public servants,
> responsible for serious violations of the basic rights of persons belonging
> to ethnic or minority groups.
> 
> 4. Choice of destination shall be up to the individual or family, and the
> principle of the unity of the family shall be preserved. The Parties shall
> not interfere with the returnees' choice of destination, nor shall they
> compel them to remain in or move to situations of serious danger or
> insecurity, or to areas lacking in the basic infrastructure necessary to
> resume a normal life. The Parties shall facilitate the flow of information
> necessary for refugees and displaced persons to make informed judgments
> about local conditions for return.
> 
> S. The Parties call upon the United Nations High Commissioner for Refugees
> ("UNHCR") to develop in close consultation with asylum countries and the
> Parties a repatriation plan that will allow for an early, peaceful, orderly
> and phased return of refugees and displaced persons, which may include
> priorities for certain areas and certain categories of returnees. The
> Parties agree to implement such a plan and to conform their international
> agreements and internal laws to it. They accordingly call upon States that
> have accepted refugees to promote the early return of refugees consistent
> with international law.
> 
> Article II
> 
> Creation of Suitable Conditions for Return
> 
> 1. The Parties undertake to create in their territories the political,
> economic, and social conditions conducive to the voluntary return and
> harmonious reintegration of refugees and displaced persons, without
> preference for any particular group. The Parties shall provide all possible
> assistance to refugees and displaced persons and work to facilitate their
> voluntary return in a peaceful, orderly and phased manner, in accordance
> with the UNHCR repatriation plan.
> 
> 2. The Parties shall not discriminate against returning refugees and
> displaced persons with respect to conscription into military service, and
> shall give positive consideration to requests for exemption from military
> or other obligatory service based on individual circumstances, so as to
> enable returnees to rebuild their lives.
> 
> Article III
> 
> Cooperation with International Organizations and International Monitorinq
> 
> 1. The Parties note with satisfaction the leading humanitarian role of
> UNHCR, which has been entrusted by the Secretary-General of the United
> Nations with the role of coordinating among all agencies assisting with the
> repatriation and relief of refugees and displaced persons.
> 
> 2. The Parties shall give full and unrestricted access by UNHCR, the
> International Committee of the Red Cross ("ICRC"), the United Nations
> Development Programme ("UNDP"), and other relevant international, domestic
> and nongovernmental organizations to all refugees and displaced persons,
> with a view to facilitating the work of those organizations in tracing
> persons, the provision of medical assistance, food distribution,
> reintegration assistance, the provision of temporary and permanent housing,
> and other activities vital to the discharge of their mandates and
> operational responsibilities without administrative impediments. These
> activities shall include traditional protection functions and the
> monitoring of basic human rights and humanitarian conditions, as well as
> the g implementation of the provisions of this Chapter.
> Repatriation Assistance
> The Parties shall facilitate the provision of adequately Monitored,
> short-term repatriation assistance on a nondiscriminatory basis to all
> returning refugees and displaced persons who are in need, in accordance
> with a plan developed by UNHCR and other relevant organizations, to enable
> the families and individuals returning to reestablish their lives and
> livelihoods in local communities.
> 
> Article V
> 
> Persons Unaccounted For
> 
> The Parties shall provide information through the tracing mechanisms of the
> ICRC on all persons unaccounted for. The Parties shall also cooperate fully
> with the ICRC in its efforts to determine the identities, whereabouts and
> fate of the unaccounted for.
> 
> Article VI
> 
> Amnesty
> 
> Any returning refugee or displaced person charged with a crime, other than
> a serious violation of international humanitarian law as defined in the
> Statute of the International Tribunal for the Former Yugoslavia since
> January 1, 1991 or a common crime unrelated to the conflict, shall upon
> return Enjoy an amnesty. In no case shall charges for crimes be imposed for
> political or other inappropriate reasons or to circumvent the application
> of the amnesty.
> 
> CHAPTER TWO: COMMISSION FOR DISPLACED PERSONS AND REFUGEES
> 
> Article VII
> 
> Establishment of the Commission
> 
> The Parties hereby establish an independent Commission for Displaced
> Persons and Refugees (the "Commission"). The Commission shall have its
> headquarters in Sarajevo and may have offices at other locations as it
> deems appropriate.
> Article VIII
> 
> Cooperation
> 
> The Parties shall cooperate with the work of the Commission, and shall
> respect and implement its decisions expeditiously and in good faith, in
> cooperation with relevant international and nongovernmental organizations
> having responsibility for the return and reintegration of refugees and
> displaced persons.
> 
> 1. The Commission shall be composed of nine members. Within 90 days after
> this Agreement enters into force, the Federation of Bosnia and Herzegovina
> shall appoint four members, two for a term of three years and the others
> for a term of four years, and the Republika Srpska shall appoint two
> members, one for a term of three years and the other for a term of four
> years. The President of the European Court of Human Rights shall appoint
> the remaining members, each for a term of five years, and shall designate
> one such member as the Chairman. The members of the Commission may be
> reappointed.
> 
> 2. Members of the Commission must be of recognized high - moral standing.
> 
> 3. The Commission may sit in panels, as provided in its rules and
> regulations. References in this Annex to the Commission shall include, as
> appropriate, such panels, except that the power to promulgate rules and
> regulations is vested ; only in the Commission as a whole.
> 
> 4. Members appointed after the transfer described in Article XVI below
> shall be appointed by the Presidency of Bosnia and Herzegovina.
> 
> Article X
> Facilities Staff and Expenses
> 
> 1. The Commission shall have appropriate facilities and a professionally
> competent staff, experienced in administrative, financial, banking and
> legal matters, to assist it in carrying out its functions. The staff shall
> be headed by an Executive Officer, who shall be appointed by the
> Commission.
> Article XII
> 
> Proceedinas before the Commission
> 
> 2. The salaries and expenses of the Commission and its staff shall be
> determined jointly by the Parties and shall be borne equally by the
> Parties.
> 
> 3. Members of the Commission shall not be held criminally or civilly liable
> for any acts carried out within the scope of their duties. Members of the
> Commission, and their families, who are not citizens of Bosnia and
> Herzegovina shall be accorded the same privileges and immunities as are
> enjoyed by diplomatic agents and their families under the Vienna Convention
> on Diplomatic Relations.
> 
> 4. The Commission may receive assistance from international and
> nongovernmental organizations, in their areas of special expertise falling
> within the mandate of the Commission, on terms to be agreed.
> 
> 5. The Commission shall cooperate with other entities established by the
> General Framework Agreement, agreed by the Parties, or authorized by the
> United Nations Security Council.
> 
> Article XI
> 
> Mandate
> 
> The Commission shall receive and decide any claims for real property in
> Bosnia and Herzegovina, where the property has not voluntarily been sold or
> otherwise transferred since April 1, 1992, and where the claimant does not
> now enjoy possession of that property. Claims may be for return of the
> property or for just compensation in lieu of return.
> 
> 1. Upon receipt of a claim, the Commission shall determine the lawful owner
> of the property with respect to which the claim is made and the value of
> that property. The Commission, through its staff or a duly designated
> international or nongovernmental organization, shall be entitled to have
> access to any and all property records in Bosnia and Herzegovina, and to
> any and all real property located in Bosnia and Herzegovina for purposes of
> inspection, evaluation and assessment related to consideration of a claim.
> 
> 2. Any person requesting the return of property who is found by the
> Commission to be the lawful owner of that property
> 
> shall be awarded its return. Any person requesting compensation in lieu of
> return who is found by the Commission to be the lawful owner of that
> property shall be awarded just compensation as determined by the
> Commission. The Commission shall make decisions by a majority of its
> members.
> 
> 3. In determining the lawful owner of any property, the Commission shall
> not recognize as valid any illegal property transaction, including any
> transfer that was made under duress, in exchange for exit permission or
> documents, or that was otherwise in connection with ethnic cleansing. Any
> person who is awarded return of property may accept a satisfactory lease
> arrangement rather than retake possession.
> 
> 4. The Commission shall establish fixed rates that may be applied to
> determine the value of all real property in Bosnia and Herzegovina that is
> the subject of a claim before the Commission. The rates shall be based on
> an assessment or survey of properties in the territory of Bosnia and
> Herzegovina undertaken prior to April 1, 1992, if available, or may be
> based on other reasonable criteria as determined by the Commission.
> 
> 5. The Commission shall have the power to effect any transactions necessary
> to transfer or assign title, mortgage, lease, or otherwise dispose of
> property with respect to which a claim is made, or which is determined to
> be abandoned. In particular, the Commission may lawfully sell, mortgage, or
> lease real property to any resident or citizen of Bosnia and Herzegovina,
> or to either Party, where the lawful owner has sought and received
> compensation in lieu of return, or where the property is determined to be
> abandoned in accordance with local law. The Commission may also lease
> property pending consideration and final determination of ownership.
> 
> 6. In cases in which the claimant is awarded compensation in lieu of return
> of the property, the Commission may award a monetary grant or a
> compensation bond for the future purchase of real property. The Parties
> welcome the willingness of the international community assisting in the
> construction and financing of housing in Bosnia and Herzegovina to accept
> compensation bonds awarded by the Commission as payment, and to award
> persons holding such compensation bonds priority in obtaining that housing.
> 
> 7. Commission decisions shall be final, and any title, deed, mortgage, or
> other legal instrument created or awarded by the Commission shall be
> recognized as lawful throughout Bosnia and Herzegovina.
> 8. Failure of any Party or individual to cooperate with _|lFT Commission
> shall not prevent the Commission from making its decision.
> 
> Article XIII
> 
> Use of Vacant ProDerty
> 
> The Parties, after notification to the Commission and in coordination with
> UNHCR and other international and nongovernmental organizations
> contributing to relief and reconstruction, may temporarily house refugees
> and displaced persons in vacant property, subject to final determination of
> ownership by the Commission and to such temporary lease provisions as it
> may require.
> 
> Article XIV
> 
> Refuqees and Displaced Persons Property Fund
> 
> the
> 
> 1. A Refugees and Displaced Persons Property Fund ("Fund") shall be
> established in the Central Bank of Bosnia and Herzegovina to be
> administered by the Commission. The Fund shall be replenished through the
> purchase, sale, lease and mortgage of real property which is the subject of
> claims before the Commission. It may also be replenished by direct payments
> from the Parties, or from contributions by States or international or
> nongovernmental organizations.
> 
> 2. Compensation bonds issued pursuant to Article XII(6) shall create future
> liabilities on the Fund under terms and conditions to be defined by the
> Commission.
> 
> Article XV
> 
> Rules and Reaulations
> 
> The Commission shall promulgate such rules and regulations, consistent with
> this Agreement, as may be necessary to carry out its functions. In
> developing these rules and regulations, the Commission shall consider
> domestic laws on property rights.
> Article XVI
> 
> Transfer
> 
> Five years after this Agreement takes effect, responsibility for the
> financing and operation of the Commission shall transfer from the Parties
> to the Government of Bosnia and Herzegovina, unless the Parties otherwise
> agree. In the latter case, the Commission shall continue to operate as
> provided above.
> 
> Article XVII
> 
> Notice
> 
> The Parties shall give effective notice of the terms of this Agreement
> throughout Bosnia and Herzegovina, and in all countries known to have
> persons who were citizens or residents of Bosnia and Herzegovina.
> 
> Article XVIII
> 
> Entry into Force
> 
> This Agreement shall enter into force upon signature.
>                           Posted November 22, 1995
> 
>
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
> 
> AGREEMENT ON COMMISSION TO PRESERVE NATIONAL MONUMENTS
> 
> ---------------------------------------------------------------------------
> 
> ANNEX 8
> 
> The Republic of Bosnia and Herzegovina, the Federation of |[ Bosnia and
> Herzegovina and the Republika Srpska (the "Partiest") have agreed as
> follows:
> 
> Article I
> 
> Establishment of the Commission
> 
> The Parties hereby establish an independent Commission to Preserve National
> Monuments ("Commission"). The Commission shall have its headquarters in
> Sarajevo and may have offices at other locations as it deems appropriate.
> 
> Article II
> 
> Composition
> 
> 1. The Commission shall be composed of five members. Within 90 days after
> this Agreement enters into force, the Federation of Bosnia and Herzegovina
> shall appoint two members, and the Republika Srpska one member, each
> serving a term of three years. The Director-General of the United Nations
> Educational, Scientific and Cultural Organization shall appoint the
> remaining members, each for a term of five years, and shall designate one
> such member as the Chairman. The members of the Commission may be
> reappointed. 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 serve on the Commission.
> 
> - 2 -
> 
> 2. Members appointed after the transfer described in Article IX below shall
> be appointed by the Presidency of Bosnia and Herzegovina.
> 
> Article III
> 
> Facilities, Staff and Expensed
> 
> 1. The Commission shall have appropriate facilities and a professionally
> competent staff, generally representative of the ethnic groups comprising
> Bosnia and Herzegovina, to assist it in carrying out its functions. The
> staff shall be headed by an executive officer, who shall be appointed by
> the Commission.
> 
> 2. The salaries and expenses of the Commission and its r staff shall be
> determined jointly by the Entities and shall be borne equally by them.
> 
> 3. Members of the Commission shall not be held criminally or civilly liable
> for any acts carried out within the scope of r their duties. Members of the
> Commission, and their families, who are not citizens of Bosnia and
> Herzegovina shall be accorded the same privileges and immunities as are
> enjoyed by diplomatic agents and their families under the Vienna Convention
> on Diplomatic Relations.
> 
> Article IV
> 
> Mandate
> 
> The Commission shall receive and decide on petitions for the designation of
> property having cultural, historic, religious or ethnic importance as
> National Monuments. t
> 
> Article V
> 
> Proceedings before the Commission
> 
> 1. Any Party, or any concerned person in Bosnia and Herzegovina, may submit
> to the Commission a petition for the designation of property as a National
> Monument. Each such petition shall set forth all relevant information
> concerning property, including:
> 
> (a) the specific location of the property;
> 
> (b) its current owner and condition;
> 
> (c) the cost and source of funds for any necessary repairs to the property;
> 
> (d) any known proposed use; and
> 
> (e) the basis for designation as a National Monument.
> 
> 2. In deciding upon the petition, the Commission shall afford an
> opportunity for the owners of the proposed National Monument, as well as
> other interested persons or entities, to present their views.
> 
> 3. For a period of one year after such a petition has been submitted to the
> Commission, or until a decision is rendered in accordance with this Annex,
> whichever occurs first, all Parties l shall refrain from taking any
> deliberate measures that might damage the property.
> 
> 4. The Commission shall issue, in each case, a written decision containing
> any findings of fact it deems appropriate and a detailed explanation of the
> basis for its decision. The Commission shall make decisions by a majority
> of its members. Decisions of the Commission shall be final and enforceable
> in accordance with domestic law.
> 
> 5. In any case in which the Commission issues a decision designating
> property as a National Monument, the Entity in whose territory the property
> is situated (a) shall make every effort to take appropriate legal,
> scientific, technical, administrative and financial measures necessary for
> the protection, conservation, presentation and rehabilitation of the
> property, and (b) shall refrain from taking any deliberate measures that
> might damage the property.
> 
> Article VI
> 
> Eliaibility
> 
> The following shall be eligible for designation as National Monuments:
> movable or immovable property of great importance to a group of people with
> common cultural, historic, religious or ethnic heritage, such as monuments
> of architecture, art or history; archaeological sites; groups of buildings;
> as well as cemeteries.
> - 4 -
> 
> Article VII
> 
> Rules and Requlations
> 
> The Commission shall promulgate such rules and regulations, consistent with
> this Agreement, as may be necessary to carry out its functions.
> 
> Article VIII
> 
> Cooperation
> 
> Officials and organs of the Parties and their Cantons and Municipalities,
> and any individual acting under the authority of such official or organ,
> shall fully cooperate with the Commission, including by providing requested
> information and
> 
> Article IX
> 
> Transfer
> 
> Five years after this Agreement enters into force, the
> responsibility for the continued operation of the Commission
> shall transfer from the Parties to the Government of Bosnia and
> Herzegovina, unless the Parties otherwise agree. In the latter case, the
> Commission shall continue to operate as provided above.
> 
> Article X
> 
> Notice
> 
> The Parties shall give effective notice of the terms of this
> Agreement throughout Bosnia and Herzegovina.
> 
> Article XI
> 
> Entry into Force
> 
> This Agreement shall enter
> 
> into force upon signature.
> 
> For the Republic
> of Bosnia and Herzegovina
> 
> ____________________________
> 
> For the Federation of Bosnia and Herzegovina
> 
> ____________________________
> 
> For the Republika Srpska
> 
> ____________________________
> 
>
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
> 
> APPENDIX
> 
> HUMAN RIGHTS AGREBMENTS
> 
> 1948 Convention on the Prevention and Punishment of the Crime of Genocide
> 
> 0 2. 1949 Geneva Conventions I-IV on the Protection of the
> - Victims of War, and the 1977 Geneva Protocols I-II
> thereto
> 
> 1950 European Convention for the Protection of Human
> Rights and Fundamental Freedoms, and the Protocols
> thereto
> 
> 1951 Convention relating to the Status of Refugees and
> the 1966 Protocol thereto
> 
> 1957 Convention on the Nationality of Married Women
> 
> 1961 Convention on the Reduction of Statelessness
> 
> 1965 International Convention on the Elimination of All
> Forms of Racial Discrimination
> 
> 1966 International Covenant on Civil and Political
> Rights and the 1966 and 1989 Optional Protocols thereto
> 
> 1966 Covenant on Economic, Social and Cultural Rights
> 
> 1979 Convention on the Elimination of All Forms of
> Discrimination against Women
> 
> -
> 
> 11. 1984 Convention against Torture and Other Cruel, Inhuman or Degrading
> Treatment or Punishment *
> 
> 12. 1987 European Convention on the Prevention of Torture
> and Inhuman or Degrading Treatment or Punishment
> 
> 13. 1989 Convention on the Rights of the Child
> 
> 14. 1990 Convention on the Protection of the Rights of All Migrant Workers
> and Members of Their Families
> 
> 15. 1992 European Charter for Regional or Minority Languages
> 
> 16. 1994 Framework Convention for the Protection of National Minorities
> 
>
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
> 
> AGREEMENT ON ESTABLISHMENT OF BOSNIA AND HERZEGOVINA PUBLIC
> CORPORATIONS
> 
> ---------------------------------------------------------------------------
> 
> Bearing in mind that reconstruction of the infrastructure and the
> functioning of transportation and other faclities are important for the
> economic resurgence of Bosnia . Herzegovina, and for the smooth functioning
> of its institutions and the organizations involved in implementation of
> peace settlement, the Federation of Bosnia and Herzegovina n the Republika
> Srsska ("Parties") have aqreed as follows:
> 
> Article I
> 
> Commission on Public Corporations
> 
> 1. The Parties hereby establish a Commission on Public
> ations ("Commission") to examine establishing Bosnia Herzegovina Public
> Corporations to operate joint public faclities, such as for the operation
> of utility, energy, postal communication facilities, for the benefit of
> both Entities.
> 
> 2. The Commission shall have five Members. Within fifteen days after this
> Agreement enters into force, the Federation of Bosnia and Herzegovina shall
> appoint two Members, and the Republika Srpska one Member. Persons appointed
> must be familiar ith the specific economic, political and legal
> characteristics E Bosnia and Herzegovina and be of high recognized moral
> Landing. Recognizing that the Commission will benefit from ternational
> expertise, the Parties request the President of the ropean Bank for
> Reconstruction and Development to appoint the braining two Members and to
> designate one as the Chairman.
> 
> 3. The Commission shall in particular examine the appropriate internal
> structure for such Corporations, the znditions necessary to ensure their
> successful, permanent aeration, and the best means of procuring long-term
> investment capital
> - 2 -
> 
> Article II
> 
> Establishment of a Transportation Corporation
> 
> 1. The Parties, recognizing an immediate need to establish a Public
> Corporation to organize and operate transportation facilities, such as
> roads, railways and ports, for their mutual benefit, hereby establish a
> Bosnia and Herzegovina Transportation Corporation (the "Transportation
> Corporation") for such purpose.
> 
> 2. The Transportation Corporation shall have its headquarters in Sarajevo
> and may have offices at other locations as it deems appropriate. It shall
> have appropriate facilities and choose a professionally competent Board of
> Directors, Officers and Staff, generally representative of the ethnic
> groups comprising Bosnia and Herzegovina, to carry out its functions. The
> Commission shall choose the Board of Directors, which shall in turn appoint
> the Officers and select the Staff.
> 
> 3. The Transportation Corporation is authorized to construct, acquire,
> hold, maintain and operate and dispose of real and personal property in
> accordance with specific plane that tit develops. It is also authorized to
> fix and collect rates, fees, rentals and other charges for the use of
> facilities it operates; enter into all contracts and agreements necessary
> for the performance of its functions; and take other actions necessary to
> carry out these functions.
> 
> 4. The Transportation Corporation shall operate transportation facilities
> as agreed by the Parties. The Parties shall, as part of their agreement,
> provide the Corporation with necessary legal authority. The Parties shall
> meet within fifteen days after this Agreement enters into force to consider
> which facilities the Corporation will operate.
> 
> 5. Within thirty days after this Agreement enters into force, the Parties
> shall agree on sums of money to be contributed to the Transportation
> Corporation for its initial operating budget. The Parties may at any time
> transfer to the Transportation Corporation additional funds or facilities
> that belong to them and the rights thereto. The Parties shall decide the
> means by which the Transportation Corporation will be authorized to raise
> additional capital.
> 
> Article III
> 
> Other Public Corporations
> 
> The Parties may decide, upon recommendation of the Commission, to use
> establishment of the Transportation Corporation as a model for the
> establishment of other joint public corporations, such as for the operation
> of utility, energy, postal and communication facilities.
> 
> Article IV
> 
> Cooperation
> 
> The Commission, the Transportation Corporation and other Public
> Corporations shall cooperate fully with all organizations finvolved in
> implementation of the peace settlement, or which are otherwise authorized
> by the United Nations Security Council, including the International
> Tribunal for the Former Yugoslavia.
> 
> Arteicle V
> 
> Ethics
> 
> Members of the Commission and Directors of the Transportation Corporation
> may not have an employment or financial relationship with any enterprise
> that has, or is seeking, a contract or agreement with the Commission or the
> Corporation, respectively, or otherwise has interests that can be directly
> affected by its actions or inactions.
> 
> Article VI
> 
> Entry into Force
> 
> This Agreement shall enter into force upon signature.
> 
> For the Federation of For the Republika Srpska
> 
> ___________________________________________
> 
> For the Federation of Bosnia and Herzegovina
> 
> ___________________________________________
> 
>
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
> 
> AGREEMENT ON CIVILIAN IMPLEMENTATION
> OF THE PEACE SETTLEMENT
> 
> ---------------------------------------------------------------------------
> 
> ANNEX 10
> 
> The Republic of Bosnia and Herzegovina, the Republic of Croatiat thFederal
> Republic of Yugoslavia, the Federation of Bosnia and l e zegovina, and the
> Republika Srpska (the "Parties") have agreed i s follows:
> Article I
> High Representative
> 
> 1. The Parties agree that the implementation of the ivilian aspects of the
> peace settlement will entail a wide range of activities including
> continuation of the humanitarian aid effort for as long as necessary;
> rehabilitation of infrastructure and economic reconstruction; the
> establishment of political and constitutional institutions in Bosnia and
> Herzegovina; promotion l f respect for human rights and the return of
> displaced persons i nd refugees; and the holding of free and fair elections
> l ccording to the timetable in Annex 3 to the General Framework agreement.
> A considerable number of international organizatvions and agencies will be
> called upon to assist.
> 
> 2. In view of the complexities facing them, the Parties request the
> designation of a High Representative, to be appointed onsistent with
> relevant United Nations Security Council resolutions, to facilitate the
> Parties' own efforts and to mobilize and, as appropriate, coordinate the
> activities of the organizations and agencies involved in the civilian
> aspects of the peace settlement by carrying out, as entrusted by a U.N.
> Security Council resolution, the tasks set out below.
> 
> Article II
> 
> Mandate and Methods of Coordination and Liaison
> 
> The High Representative shall:
> 
> (a) Monitor the implementation of the peace settlement;
> 
> (b) Maintain close contact with the Parties to promote their full
> compliance with all civilian aspects of the peace settlement and a high
> level of cooperation between them and the organizations and agencies
> participating in those aspects.
> 
> (c) Coordinate the activities of the civilian organizations and agencies in
> Bosnia and Herzegovina to ensure the efficient implementation of the
> civilian aspects of the peace settlement. The High Representative shall
> respect their autonomy within their spheres of operation while as necessary
> giving general guidance to them about the impact of their activities on the
> implementation of the peace settlement. The civilian organizations and
> agencies are requested to assist the High Representative in the execution
> of his or her responsibilities by providing all information relevant to
> their operations in Bosnia-Herzegovina.
> 
> (d) Facilitate, as the High Representative the resolution of any
> difficulties arising in connection with civilian implementation.
> 
> (e) Participate in meetings of donor organizations, particularly on issues
> of rehabilitation and reconstruction.
> 
> (f) Report periodically on progress in implementation of peace agreement
> concerning the tasks set forth in this Agreement to the United Nations,
> European Union, United States, Russian Federation, and other interested
> governments, parties, and organizations.
> 
> (g) Provide guidance to, and receive reports from, the Commissioner of the
> International Police Task Force established in Annex 11 to the General
> Framework Agreement.
> 
> the
> 
> 2. In pursuit of his or her mandate, the High Representative shall convene
> and chair a commission (the "Joint Civilian Commission") in Bosnia and
> Herzegovina. It will comprise senior political representatives of the
> Parties, the IFOR Commander or his representative, and representatives of
> those civilian organizations and agencies the High Representative deems
> necessary.
> 
> - 3 -
> 
> 3. The High Representative shall, as necessary, establish subordinate Joint
> Civilian Commissions at local levels in Bosnia and Herzegovina.
> 
> 4. A Joint Consultative Committee will meet from time to time or as agreed
> between the High Representative and the IFOR Commander.
> 
> 5. The High Representative or his designated representative shall remain in
> close contact with the IFOR Commander or his designated representatives and
> establish appropriate liaison arrangements with the IFOR Commander to
> facilitate the discharge of their respective responsibilities.
> 
> 6. The High Representative shall exchange information and maintain liaison
> on a regular basis with IFOR, as agreed with the IFOR Commander, and
> through the commissions described in this Article.
> 7. The High Representative shall attend or be represented at meetings of
> the Joint Military Commission and offer advice particularly on matters of a
> political-military nature. Representatives of the High Representative will
> also attend subordinate commissions of the Joint Military Commission as set
> out in Article VIII(8) of Annex 1A to the General Framework Agreement.
> 
> 8. The High Representative may also establish other civilian commissions
> within or outside Bosnia and Herzegovina to | facilitate the execution of
> his or her mandate.
> 
> 9. The High Representative shall have no authority over the IFOR and shall
> not in any way interfere in the conduct of military operations or the IFOR
> chain of command. a
> 
> Article III
> 
> Staffing
> 
> 1. The High Representative shall appoint staff, as he or she deems
> necessary, to provide assistance in carrying out the tasks herein.
> 
> 2. The Parties shall facilitate the operations of the High Representative
> in Bosnia and Herzegovina, including by the provision of appropriate
> assistance as requested with regard to transportation, subsistence,
> accommodations, communications, and other facilities at rates equivalent to
> those provided for the IFOR under applicable agreements.
> - 4 -
> 
> 3. The High Representative shall enjoy, under the laws of Bosnia and
> Herzegovina, such legal capacity as may be necessary for the exercise of
> his or her functions, including the capacity to contract and to acquire and
> dispose of real and personal property.
> 
> Privileges and immunities shall be accorded as follows:
> 
> (a) The Parties shall accord the office of the High Representative and its
> premises, archives, and other property the same privileges and immunities
> as are enjoyed by a diplomatic mission and its premises, archives, and
> other property under the Vienna Convention on Diplomatic Relations.
> 
> (b) The Parties shall accord the High Representative and professional
> members of his or her staff and their families the same privileges and
> immunities as are enjoyed by diplomatic agents and their families under the
> Vienna Convention on Diplomatic Relations.
> 
> (c) The Parties shall accord other members of the High Representative staff
> and their families the same privileges and immunities as are enjoyed by
> members of the administrative and technical staff and their families under
> the Vienna Convention on Diplomatic Relations.
> 
> Article IV
> 
> Cooperation
> 
> The Parties shall fully cooperate with the High Representative and his or
> her staff, as well as with the international organizations and agencies as
> provided for Article IX of the General Framework Agreement.
> 
> Article V
> 
> Final Authority to Interpret
> 
> The High Representative is the final authority in theater regarding
> interpretation of this Agreement on the civilian implementation of the
> peace settlement.
> 
> - 5 -
> 
> Article VI
> 
> Entry into Force
> 
> This Agreement shall enter into force upon signature.
> 
> For the Republic of
> Bosnia and Herzegovina
> 
> ______________________________________
> 
> For the Republic of Croatia
> 
> ______________________________________
> 
> For the Federation of Bosnia and Herzegovina
> 
> ______________________________________
> 
> For the Federal Republic of Yugoslavia
> 
> ______________________________________
> 
> For the Republika Srpska
> 
> ______________________________________
> 
> 
>
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
> 
> AGREEMENT ON INTERNATIONAL POLICE TASK FORCE
> 
> ---------------------------------------------------------------------------
> 
> The Republic of Bosnia and Herzegovina, the Federation of Bosnia and
> Herzegovina, and the Republika Srpska ("Parties") have agreed as follows:
> 
> Article I
> 
> Civilian Law Enforcement
> 
> 1. As provided in Article III(2)(c) of the Constitution agreed as Annex 4
> to the General Framework Agreement, 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.
> 
> 2. To assist them in meeting their obligations, the Parties request that
> the United Nations establish by a decision of the Security Council, as a
> UNCIVPOL operation, a U.N. International Police Task Force (IPTF) to carry
> out, throughout Bosnia and Herzegovina, the program of assistance the
> elements of which are described in Article III below.
> 
> Article II
> 
> Establishment of the IPTF
> 
> 1. The IPTF shall be autonomous with regard to the execution of its
> functions under this Agreement. Its activities will be coordinated through
> the High Representative described in Annex 10 to the General Framework
> Agreement.
> 
> 2. The IPTF will be headed by a Commissioner, who will appointed by the
> Secretary General of the United Nations in consultation with the Security
> Council. It shall consist of persons of high moral standing who have
> experience in law enforcement. The IPTF Commissioner may request and accept
> personnel, resources, and assistance from states andinternational and
> nongovernmental organizations.
> 
> 3. The IPTF Commissioner shall receive guidance from the High
> Representative.
> 
> 4. The IPTF Commissioner shall periodically report on matters within his or
> her responsibility to the High Representative, the Secretary General of the
> United Nations, and shall provide information to the IFOR Commander and, as
> he or she deems appropriate, other institutions and agencies.
> 
> 5. The IPTF shall at all times act in accordance with internationally
> recognized standards and with respect for internationally recognized human
> rights and fundamental freedoms, and shall respect, consistent with the
> IPTF's responsibilities, the laws and customs of the host country.
> 
> 6. The Parties shall accord the IPTF Commissioner, IPTF personnel, and
> their families the privileges and immunities described in Sections 18 and
> 19 of the 1946 Convention on the Privileges and Immunities of the United
> Nations. In particular, they shall enjoy inviolability, shall not be
> subject to any form of arrest or detention, and shall have absolute
> immunity from criminal jurisdiction. IPTF personnel shall remain subject to
> penalties and sanctions under applicable laws and regulations of the United
> Nations and other states.
> 
> 7. The IPTF and its premises, archives, and other property shall be
> accorded the same privileges and immunities, including inviolability, as
> are described in Articles II and III of the 1946 Convention on the
> Privileges and Immunities of the United Nations.
> 
> 8. In order to promote the coordination by the High Representative of IPTF
> activities with those of other civilian organizations and agencies and of
> the (IFOR), the IPTF Commissioner or his or her representatives may attend
> meetings of the Joint Civilian Commission established in Annex 10 to the
> General Framework Agreement and of the Joint Military Commission
> established in Annex 1, as well as meetings of their subordinate
> commissions. The IPTF Commissioner may request that meetings of appropriate
> commissions be convened to discuss issues within his or her area of
> responsibility.
> 
> - 3 -
> Article III
> 
> IPTF Assistance Proaram
> 
> 1. IPTF assistance includes the following elements, to be Lprovided in a
> program designed and implemented by the IPTF Commissioner in accordance
> with the Security Council decision described in Article I(2):
> 
> (a) monitoring, observing, and inspecting law enforcement activities and
> facilities, including associated judicial organizations, structures, and
> proceedings;
> 
> (b) advising law enforcement personnel and forces;
> 
> (c) training law enforcement personnel;
> 
> (d) facilitating, within the IPTF' s mission of assistance, the Parties'
> law enforcement activities;
> 
> (e) assessing threats to public order and advising on the capability of law
> enforcement agencies to deal with such threats.
> 
> (f) advising governmental authorities in Bosnia and Herzegovina on the
> organization of effective civilian law enforcement agencies; and
> 
> (g) assisting by accompanying the Parties' law enforcement personnel as
> they carry out their responsibilities, as the IPTF deems appropriate.
> 
> 2. In addition to the elements of the assistance program forth in paragraph
> 1, the IPTF will consider, consistent with responsibilities and resources,
> requests from the Parties or enforcement agencies in Bosnia and Herzegovina
> for assistance described in paragraph 1.
> 
> 3. The Parties confirm their particular responsibility to ensure the
> existence of social conditions for free and fair elections, including the
> protection of international personnel in Bosnia and Herzegovina in
> connection with the elections provided for in Annex 3 to the General
> Framework Agreement. They request the IPTF to give priority to assisting
> the Parties in carrying out this responsibility.
> - 4 -
> 
> Article IV
> 
> Specific Responsibilities of the Parties
> 
> 1. The Parties shall cooperate fully with the IPTF and shall so instruct
> all their law enforcement agencies.
> 
> 2. Within 30 days after this Agreement enters into force, the Parties shall
> provide the IPTF Commissioner or his or her designee with information on
> their law enforcement agencies, including their size, location, and force
> structure. Upon request of the IPTF Commissioner, they shall provide
> additional information, including any training, operational, or employment
> and service records of law enforcement agencies and personnel.
> 
> 3. The Parties shall not impede the movement of IPTF personnel or in any
> way hinder, obstruct, or delay them in the performance of their
> responsibilities. They shall allow IPTF personnel immediate and complete
> access to any site, person, activity, proceeding, record, or other item or
> event in Bosnia and Herzegovina as requested by the IPTF in carrying out
> its responsibilities under this Agreement. This shall include the right to
> monitor, observe, and inspect any site or facility at which it believes
> that police, law enforcement, detention, or judicial activities are taking
> place.
> 
> 4. Upon request by the IPTF, the Parties shall make available for training
> qualified personnel, who are expected to take up law enforcement duties
> immediately following such training.
> 
> 5. The Parties shall facilitate the operations of the IPTF in Bosnia and
> Herzegovina, including by the provision of appropriate assistance as
> requested with regard to transportation, subsistence, accommodations,
> communications, and other facilities at rates equivalent to those provided
> for the IFOR under applicable agreements.
> 
> Article V
> 
> Failure to Cooperate
> 
> 1. Any obstruction of or interference with IPTF activities, failure or
> refusal to comply with an IPTF request, or other failure to meet the
> Parties' responsibilities or other obligations in this Agreement, shall
> constitute a failure to cooperate with the IPTF.
> 
> 2. The IPTF Commissioner will notify the High Representative and inform the
> IFOR Commander of failures to cooperate with the IPTF. The IPTF
> Commissioner may request that
> 
> -5-
> 
> the High Representative take appropriate steps upon receiving such
> notifications, including calling such failures to the attention of the
> Parties, convening the Joint Civilian Commission, and consulting with the
> United Nations, relevant states, and international organizations on further
> responses.
> 
> Article VI
> 
> Human Rights
> 
> 1. When IPTF personnel learn of credible information concerning violations
> of internationally recognized human rights or fundamental freedoms or of
> the role of law enforcement officials or forces in such violations, they
> shall provide such information to the Human Rights Commission established
> in Annex 6 to the General Framework Agreement, the International Tribunal
> for the Former Yugoslavia, or to other appropriate organizations.
> 
> 2. The Parties shall cooperate with investigations of law enforcement
> forces and officials by the organizations described in paragraph 1.
> 
> Article VII
> 
> Application
> 
> This Agreement applies throughout Bosnia and Herzegovina to law enforcement
> agencies and personnel of Bosnia and Herzegovina, the Entities, and any
> agency, subdivision, or instrumentality thereof. Law enforcement agencies
> are those with a mandate including law enforcement, criminal
> investigations, public and state security, or detention or judicial
> activities.
> 
> - 6 -
> 
> Article VIII
> 
> Entry Into Force
> 
> This Agreement shall enter into force upon signature.
> 
> For the Republic of Bosnia and Herzegovina
> 
> ______________________________
> 
> For the Federation of Bosnia and Herzegovina
> 
> ______________________________
> 
> For the Republika Srpska
> ______________________________
> 
>
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
> 
> Support Letters
> 
> ---------------------------------------------------------------------------
> 
> Klaus Kinkel
> Federal Minister for Foreign Affairs
> Bonn
> 
> It Dear Mr. Minister:
> 
> I refer to the Agreement on the Military Aspects of the Peace Settlement
> and the Agreement on Inter-Entity Boundary Line and Related Issues, which
> constitute Annex 1-A and Annex 2 to the General Framework Agreement for
> Peace in Bosnia and Herzegovina. The Federal Republic of Yugoslavia has
> endorsed both of these Agreements.
> 
> 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 integrity and political
> independence of Bosnia and Herzegovina, to ensure that the Republika Srpska
> fully respects and complies with the provisions of the aforementioned
> Annexes.
> 
> Sincerely,
> 
> Slobodan Milosevic
> 
> ---------------------------------------------------------------------------
> 
> The Honorable
> Herve de Charette
> Minister for Foreign Affairs
> Paris
> 
> Dear Mr. Minister:
> 
> I refer to the Agreement on the Military Aspects of the Peace Settlement
> and the Agreement on Inter-Entity Boundary Line and Related Issues, which
> constitute Annex 1-A and Annex 2 to the General Framework Agreement for
> Peace in Bosnia and Herzegovina. The Federal Republic of Yugoslavia has
> endorsed both of these Agreements.
> 
> 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 integrity and political
> independence of Bosnia and Herzegovina, to ensure that the Republika Srpska
> fully respects and complies with the provisions of the aforementioned
> Annexes.
> 
> Sincerely,
> 
> Slobodan Milosevic
> 
> ---------------------------------------------------------------------------
> 
> The Honorable
> Andre Kozyrev Minister for Foreign Affairs
> Moscow
> 
> Dear Mr. Minister:
> 
> I refer to the Agreement on the Military Aspects of the Peace Settlement
> and the Agreement on Inter-Entity Boundary Line and Related Issues, which
> constitute Annex 1-A and Annex 2 to the General Framework Agreement for
> Peace in Bosnia and Herzegovina. The Federal Republic of Yugoslavia has
> endorsed both of these Agreements.
> 
> 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 integrity and political
> independence of Bosnia and Herzegovina, to ensure that the Republika Srpska
> fully respects and complies r with the provisions of the aforementioned
> Annexes.
> 
> Sincerely,
> 
> Slobodan Milosevic
> ---------------------------------------------------------------------------
> 
> The Right Honorable
> Malcolm Rifkind, QC MP
> London
> 
> Dear Mr. Secretary:
> 
> I refer to the Agreement on the Military Aspects of the Peace Settlement
> and the Agreement on Inter-Entity Boundary Line and Related Issues, which
> constitute Annex 1-A and Annex 2 to the General Framework Agreement for
> Peace in Bosnia and Herzegovina. l The Federal Republic of Yugoslavia has
> endorsed both of these Agreements.
> 
> 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 integrity and political
> independence of Bosnia and Herzegovina, l to ensure that the Republika
> Srpska fully respects and complies with the provisions of the
> aforementioned Annexes.
> 
> Sincerely,
> 
> Slobodan Milosevic
> 
> ---------------------------------------------------------------------------
> 
> His Excellency
> Boutros Boutros-Ghali
> Secretary General
> United Nations
> New York
> 
> Dear Mr. Secretary General:
> 
> I refer to the Agreement on the Military Aspects of the Peace Settlement
> attached as Annex 1-A to the General Framework Agreement for Peace in
> Bosnia and Herzegovina. Recognizing the t importance of a comprehensive
> peace settlement to bring an end to the tragic conflict in the region, I
> have the honor to provide the following undertaking to promote achievement
> of that objective.
> 
> On behalf of the Republic of Croatia, I wish to assure the United Nations
> that, in order to facilitate accomplishment of the mission of the
> multinational military Implementation Force ("IFOR") referred to in Annex
> 1-A, the Republic of Croatia shall strictly refrain from introducing into
> or otherwise maintaining in Bosnia and Herzegovina any armed forces or
> other personnel with military capability.
> 
> Sincerely,
> 
> Mate Granic
> Deputy Prime Minister and
> Minister for Foreign Affairs
> 
> ---------------------------------------------------------------------------
> 
> His Excellency
> Sergio Silvio Balanzino
> Acting Secretary General
> North Atlantic Treaty Organization
> Brussels
> 
> Dear Mr. Secretary General:
> 
> I refer to the Agreement on the Military Aspects of the Peace Settlement
> attached as Annex 1-A to the General Framework i Agreement for Peace in
> Bosnia and Herzegovina. Recognizing the I importance of a comprehensive
> peace settlement to bring an end to [ the tragic conflict in the region, I
> have the honor to provide the following undertaking to promote achievement
> of that objective.
> 
> On behalf of the Republic of Croatia, I wish to assure the North Atlantic
> Treaty Organization that, in order to facilitate accomplishment of the
> mission of the multinational military l Implementation Force ("IFOR")
> referred to in Annex 1-A, the Republic of Croatia shall strictly refrain
> from introducing into or otherwise maintaining in Bosnia and Herzegovina
> any armed forces or other personnel with military capability.
> 
> Sincerely,
> 
> Mate Granic
> Deputy Prime Minister and
> Minister for Foreign Affairs
> 
> ---------------------------------------------------------------------------
> 
> His Excellency
> Boutros Boutros-Ghali
> 8ecretary General
> thited Nations
> New York
> 
> Dear Mr. Secretary General:
> 
> I refer to the Agreement on the Military Aspects of the Peace Settlement
> attached as Annex 1-A to the General Framework Agreement for Peace in
> Bosnia and Herzegovina. Recognizing the importance of a comprehensive peace
> settlement to bring an end to the tragic conflict in the region, I have the
> honor to provide the following undertaking to promote achievement of that
> objective.
> 
> On behalf of the Federal Republic of Yugoslavia, I wish to assure the
> United Nations that, in order to facilitate accomplishment of the mission
> of the multinational military Implementation Force ("IFOR") referred to in
> Annex 1-A, the Federal Republic of Yugoslavia shall strictly refrain from
> introducing into or otherwise maintaining in Bosnia and Herzegovina any
> armed forces or other personnel with military capability.
> 
> Sincerely,
> 
> Slobodan Milosevic
> ---------------------------------------------------------------------------
> 
> His Excellency
> Sergio Silvio Balanzino
> Acting Secretary General
> North Atlantic Treaty Organization
> Brussels
> 
> Dear Mr. Secretary General:
> 
> I refer to the Agreement on the Military Aspects of the Peace Settlement
> attached as Annex 1-A to the General Framework Agreement for Peace in
> Bosnia and Herzegovina. Recognizing the importance of a comprehensive peace
> settlement to bring an end to the tragic conflict in the region, I have the
> honor to provide the following undertaking to promote achievement of that
> objective.
> 
> On behalf of the Federal Republic of Yugoslavia, I wish to assure the North
> Atlantic Treaty Organization that, in order to facilitate accomplishment of
> the mission of the multinational military Implementation Force ("IFOR")
> referred to in Annex 1-A, the Federal Republic of Yugoslavia shall strictly
> refrain from introducing into or otherwise maintaining in Bosnia and
> Herzegovina any armed forces or other personnel with military capability.
> 
> Sincerely,
> 
> Slobodan Milosevic
> ---------------------------------------------------------------------------
> 
> Wright Patterson Air Force Base Ohio
> November 21, 1995
> The Honorable
> Warren Christopher
> Secretary of State of the
> United States of America
> 
> Dear Mr. Secretary:
> 
> Upon initialing of the General Framework Agreement for Peace in Bosnia and
> Herzegovina, I will undertake several confidence-building measures to
> develop ties between the Federal Republic of Yugoslavia and Bosnia and
> Herzegovina and to build support for the peace settlement. Toward these
> important ends, I am pleased to make the following commitments on behalf of
> the government and people of Bosnia and Herzegovina.
> 
> Release Of All Detained Non-Combatants
> 
> All detained non-combatants will be released immediately from work brigade,
> detention site or other formal or informal custody, as required by UN
> Security Council Resolution 1019 of November 9, 1995. Specifically,
> pursuant to the resolution, all detention camps throughout the territory of
> Bosnia and Herzegovina will be immediately closed, and representatives of
> the International Committee of the Red Cross shall be permitted A) to
> register any, Persons detained against their wilL and g to have access to
> any site it may deem important.
> 
> Establishment Of Embassies And CoIlsulates
> 
> In accordance with the Agreement on Mutual Recognition and NormAization of
> Relations between the Federal Republic of Yugoslavia and Bosnia and
> Herzegovina, full diplomatic relations will be established immediately.
> Bosnia and Herzegovina and Federal Republic of Yugoslavia will establish
> embassies and exchange ambassadors as soon as possible. Representatives
> will be named to a senior bilateral expert group to meet regularly and to
> review issues related to their bilateral relations, including the opening
> of additional consulates.
> 
> Customs Union
> 
> As a matter of priority, my government will participate in senior
> expert-level meetings to pursue the harmonization of customs policies
> toward establishment of a customs union between the two countries.
> 
> Hot Line
> 
> With technical assistance as offered by the United States, my government
> will establish a direct, secure telephone link between the Presidency of
> Bosnia and Herzegovina and the Presidency of the Federal Republic of
> Yugoslavia.
> 
> Direct Flights
> 
> My government will grant permission through appropriate national and
> international agencies for direct flights between Sarajevo and Belgrade. I
> understand that interested countries intend to encourage international
> carriers to add these routes to their schedule.
> 
> High-Level Visits
> 
> I undertake to have my government organize a program of high-level visits
> to Sarajevo and other important sites for officials and other distinguished
> persons from the Federal Republic of Yugoslavia. I understand that
> Ambassadors from Contact Group and other interested countries will be
> available to participate as appropriate to help sustain international and
> domestic interest in the strengthening of ties between the two countries.
> 
> Economic Development
> 
> My government will take the steps necessary to establish a bilateral
> Commission on Economic Integration and Infrastructure Development for
> bilateral cooperation on nationally- and internationally-funded projects
> affecting both countries. In particular, the Commission will promote
> co-financing, joint ventures, and appropriate multilateral arrangements to
> develop the transportation, energy, and communications sectors in both
> countries.
> 
> Charnber Of Commerce
> 
> My government will actively seek the establishment of a joint Chamber of
> Commerce to promote trade and economic development in both countries by
> coordinating, where appropriate, the activities of the respective Chambers
> of Commerce in each country and by promoting ties with Chambers of Commerce
> in other countries.
> 
> Cultural And Educational Exchange
> 
> My government will actively develop student exchanges between the two
> countries, as well as nominate students to participate in joint exchange
> programs with the United States. Similarly, with support from the United
> States and other interested
> governments, my government will promote visits between the Federal Republic
> of Yugoslavia and Bosnia and Herzegovina for scientific, cultural,
> sporting, youth and similar groups. We will fully participate in the
> establishment and operation of a bilateral Commission on Cultural and
> Educational Exchange to develop programs in these areas.
> 
> Military Exchanges
> 
> In the context of regional arms control and related military
> confidence-building measures agreed elsewhere by Bosnia and Herzegovina and
> the Federal Republic of Yugoslavia, my government will promote
> familiarization and staff exchange visits for officers from the armed
> forces of the other country. These visits will explore, among other
> measures, the establishment of liaison offices to each other's respective
> defense chiefs.
> 
> Commission Of Inquirv
> 
> My government will actively support the establishment and activities of an
> international commission of inquiry into the recent conflict in the former
> Yugoslavia. This will include participation by the governments of the
> states involved, as well as distinguished international experts to be named
> by agreement among the Republics of former Yugoslavia. The Commission's
> mandate will be to conduct fact-finding and other necessary studies into
> the causes, conduct, and consequences of the recent conflict on as broad
> and objective a basis as possible, and to issue a report thereon, to be
> made available to all interested countries and organizations. My government
> will cooperate fully with this Commission.
> 
> Sincerely,
> 
> Alija Izetbegovic
> President of the Republic of
> Bosnia and Herzegovina
> 
> ---------------------------------------------------------------------------
> 
> The Honorable
> Slobodan Milosevic
> President of the
> Republic of Serbia
> 
> Dear Mr. President:
> 
> I refer to the General Framework Agreement for Peace in Bosnia and
> Herzegovina and in particular its Annex 9 on Public Corporations. My
> government intends to see established passenger and freight rail service on
> a regular schedule along the rail line extending through Bosanska Krupa,
> Bosanska Novi, Bosanska Dubica, and Bosanska Gradiska in a cooperative
> arrangement that accords with Article II of Annex 9. My government will
> support and facilitate as appropriate the functioning of this railroad.
> 
> Sincerely,
> 
> Alija Izetbegovic
> President of the Republic of
> Bosnia and Herzegovina
> 
> cc: The Honorable Warren Christopher
> Secretary of State of the
> United States of America
> 
>
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
> 
> Bosnia Accord map
> 
> ---------------------------------------------------------------------------
> By John Hancock
> Dayton Daily News
> 
> 1. The Posavina corridor became the sticking point of the talks. The
> corridor is a crucial 30-mile-long passage that comes to its narrowest
> point neatr the city of Brcko, linking Serb-controlled holdings in eastern
> and western Bosnia. The dispute over Serb-held Brcko will be submitted to
> binding arbitration by a panel including Muslims, Serbs and Europeans.
> 
> 2. Serbs retain Zepa and Srebrenica, former U.N. safe areas.
> 
> 3. Muslims retain Gorazde. It will be linked to the federation by a land
> corridor.
> 
> 4. Sarajevo will be a united capital.
>