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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : General Framework Agreement for Peace in Bosnia and Herzegovina
Record 395

Country :

Bosnia-Herzegovina

Agreement Title/Name:
General Framework Agreement for Peace in Bosnia and Herzegovina
Year :
1995
Date Signed :

21 November 1995

Summary :

Short central agreement, with a number of detailed substantive annexes providing for: Military Aspectis of Peace; Regional Stabilisation; Inter-entity boundary line; Agreement on Elections; Constitution; Agreement on Arbitration; Agreement on Human Rights; Agreement on Refugees and Displaced Persons; Agreement on the Commission to Preserve National Monuments; Agreement on Public Corporations; Agreement on Civilian Implementation' Agreement on International Police Task Force.


Parties :
Republic of Bosnia and Herzegovina, Rep of Croatia, and the FRY (also on behalf of the RS)
Third Parties :
Statehood/Identity :
Parties agree to respect sovereign equality of each other; Two strong constituent powers within one weak state: Bosnia and Herzegovina will continue as a separate state within its present internationally-recognised borders, but will consist of two entities: the Federation and the Bosnian Serb Republic; Inter-entity boundary line between the Federation and the Bosnian Serb Rep agreed; Sarajevo reunified within the Federation; Gorazde to remain secure an accessible, linked to the Federation by a land corridor; the status of Brcko to be determined by arbitration within one year; Unitary state with two entities
Governance/Democratic Inst :
Central govt will have a presidency, a bicameral legislature, and a constitutional court, and power-sharing devices in government. Direct elections with timetable will be held for the presidency and one of the legislative chambers; Entities will each have their governments, and retain most of the functions of government.
Women :
Not Applicable
Amnesty :
Annex 7, Article 6 provides for amnesty for returning refugees and IDPs charged with crimes not covered by ICTY
Past Mechanism :
Annex IV, article II.8. No specific mention but references to cooperation with ICTY; Annex 1A, articles VIII.4 (prohibiting anyone under indictment at the ICTY from being a member of the Joint Military Commission established by the agreement), IX.g (requiring parties to arrest, detain, and surrender to the Tribunal any persons accused of violations within the jurisdiction of the Tribunal), Annex 4, article IX.1 (prohibiting anyone under indictment at the Tribunal from holding elective, appointed, or any other form of public office in Bosnia and Herzegovina), Annex 7, article VI (all returning refugees and internally displaced persons to be granted amnesty, except for those responsible for crimes falling within the jurisdiction of the ICTY), Annex 8, article II (no person under indictment at the ICTY may serve on the Commission to Preserve National Monuments); Annex 11, article VI (mandating the International Police Force to report to the ICTY crimes of law enforcement officials falling within its jurisdiction).
Prisoner Release :
Annex 1, Article 9. Parties agree to develop plan with ICRC on prisoner transfer and release
Victims :
Not Applicable
Criminal Justice Reform :
Annex 4, Article 6 establishes the Constitutional Court; Annex 6 Chapter 2 Article 7establishes Human Rights Chamber. Both have mixed ethnic and international participation. No further mention of judicial reform specifically.
National Human Rights Inst :
Annex 6 Chapter 2 establishes HR Commission of two parts- the Office of the Ombudsman (Article 4) and the Human Rights Chamber (Article 7); Annex 7, Chapter 2 Commission for Displaced Persons and Refugees
Human Rights Framework :
The Constitution (Annex 4, Article 2) sets out HR framework (Human Rights and Fundamental Freedoms), giving priority to the ECHR over domestic law, and enumerating the human rights and fundamental freedoms, and guaranteeing cooperation with int'l HR monitoring mechanisms; Annex 1 of Annex 4 lists the additional int'l HR Agreements to be applied in BiH; Annex 6, Chapter 3, Article 13 requires the parties to allow full access to HR monitors and invesitgators from NGOs and the UN and OSCE
Judicial Reform :
Annex 4, Article 6 establishes the Constitutional Court; Annex 6 Chapter 2 Article 7establishes Human Rights Chamber. Both have mixed ethnic and international participation. No further mention of judicial reform specifically.
Policing :
Annex 11- Agreement on Int'l Police Task Force to monitor, observe and inspect law enforcement activities (article 3.1) To provide training and assistance to local police. Annex 11, article VI (mandating the International Police to report to the ICTY crimes of law enforcement officials falling within its jurisdiction).
Refugees/Land :
Annex 4, Article 2 par.5 enshrines rights of refugees and IDPs to return home; Annex 7- Agreement on Refugees and Displaced Persons, Chapter 1, Article 1.1 right of return, right to have property returned to them that was taken in course of hostilities since 1991, or where that is not possible, the right to compensation; Annex 7, Chapter 2 Commission for Displaced Persons and Refugees; Annex 7, article 1.5 role for UNHCR in refugee return
Civil Society :
Annex 6, Chapter 3, Article 13 requires the parties to allow full access to HR monitors and invesitgators from NGOs and the UN and OSCE; Annex 7, Art. III- parties should work with international NGOs involved with refugees and IDPs - specifically the International Committee of the Red Cross.
Dev& Socio-Economic Rights :
Not Applicable
Enforcement Mechanism :
Annex 1A, Article 1 invites the Security Council to establish a multinational military implementation force (IFOR), plus understood and agreed that NATO may establish such a force; Annex 1A Article 8 established Joint Military Commission to ensure compliance with the annex; Annex 2 of Annex 4 establishes a joint Interim Commission to make practical recommendations and proposals on implementation; Annex 3 Agreement on Elections, Article 2 sets out OSCE role, Article 3 establishes Provisional Election Commission (under OSCE mandate); Annex 10 establishes the Office of the High Representative to implement civilian aspects of the agreement
International Community :
US, Britain, France, Germany, Russia and the EU (all witnesses); Annex 3, Article 3 establishes Provisional Election Commission (under OSCE mandate), par.3 setting out intl composition of the Commission; Annex 4 Article 6a. Constitutional Court: 3 of the 9 members shall be selected by the ECHR President in consultation with the BiH Presidency, b. they shall not be citizens of BiH or its neighbouring states; similarly, Central Bank Governor (Article 7.2) and Human Rights Ombudsman (Annex 6, Artle 4.2), Human Rights Chamber (Annex 6, art. 7); Annex 7, article 3.2 role for ICRC in refugee return; Annex 7, Chapter 2 Commission for Displaced Persons and Refugees, Article 9, Three of the nine members to be appointed by ECHR President; Annex 9 establishing Commission on Public Corporations, two of five members to be appointed by President of the European Bank for Reconstruction and Development (Article 1.2); Annex 7, Art. III- parties should work with international NGOs involved with refugees and IDPs - specifically the International Committee of the Red Cross.
UN Involvement :
Annex 1A, Article 7, UNPROFOR transfers mandate to IFOR; Annex 7, article 1.5 role for UNHCR in refugee return, article 3.2 role for UNDP; Annex 8 established Commission to Preserve National Monuments, two of five members to be appointed by UNESCO Director-General; Annex 11 UN International Police Task Force
Source :
USIP


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