Abstract of Dayton Accords

Introduction

 The following abstract of the General Framework Agreement and its eleven annexes provides an outline of objective indicators and deadlines established by the Bosnian Peace Accords, which can be used as a tool to measure progress towards meeting the objectives of the Agreement, and as a guideline for the monitoring of such progress.

 The Annexes to the General Framework Agreement, initialed in Dayton on November 21, 1995, and signed in Paris on December 14, 1995, are summarized below. Those provisions which describe actions which are to be accomplished within a specified time period or by a specified date appear in bold.  Dates are calculated from the entry into force of the Agreement on December 14, 1995, or from the Transfer of Authority on December 20, 1995, according to the text.  Objective indicators are in upper case.  The Parties to each Annex vary; each Annex thus should be consulted separately to determine who the Parties are.  Of course, complete details of provisions and procedures may be found in thetext of the Agreement and its annexes.

 This abstract was prepared bearing in mind the particular focus of theForced Migration Projects of theOpen Society Institute ;  selectivity was therefore employed in the process, and some articles and text have been omitted.

 GENERAL FRAMEWORK AGREEMENT

 In terms of the general structure of the Agreement, in Articles I and II of the General Framework Agreement, the Parties agree to adhere to recognized principles of international law set forth in the UN Charter, the Helsinki Final Act and other documents of the Organization for Security and Cooperation in Europe (OSCE), and to comply with the provisions in Annexes 1-A and 1-B . In Article III of the Agreement, the Parties agree to endorse the arrangements concerning boundary demarcation, as detailed in Annex 2 . In Article IV of the Agreement, the Parties agree to endorse the elections program for Bosnia and Herzegovina, as detailed in Annex 3 .   In Article V of the General Framework Agreement, the Parties agree to endorse the arrangements which have been made concerning the Constitution of Bosnia and Herzegovina, as detailed in Annex 4 . In Articles VI and VII of the Agreement, the Parties agree to the establishment of an arbitration tribunal, a Commission on Human Rights, a Commission on Refugees and Displaced Persons, a Commission to Preserve National Monuments, and Bosnia and Herzegovina Public Corporations, as set forth in Annexes 5 - 9 .  In particular, the Parties recognize the importance of the "observance of human rights and the protection of refugees and displaced persons," and agree to comply with the related provisions set forth in Annexes 6 and 7 .  In Article VIII of the Agreement, the Parties agree to endorse the arrangements which have been made concerning the implementation of this peace settlement, including those pertaining to the civilian implementation, as set forth in Annex 10 , and the international police task force, as set forth in Annex 11 .

 THE ANNEXES

 Annex 1-A: Military Aspects of the Peace Settlement

 Article I
 The international community agrees to send a force for approximately one year to assist with implementation of territorial and military aspects. The United Nations Protection Force (UNPROFOR) transferred authority, on December 20, 1995, to the IMPLEMENTATION FORCE (IFOR), which is made up of North Atlantic Treaty Organization (NATO) and non-NATO ground, air, and maritime forces.

 Article II
 Cessation of hostilities as of October 5, 1995 .  Each party ensures compliance by its forces. Parties agree to provide a "safe and secure environment" within their jurisdictions by maintaining civilian law enforcement agencies in accordance with  "internationally recognized standards." Disarmament of "armed civilian groups" will be completed within 30 days after the Transfer of Authority, i.e. by January 19, 1996 .  The Parties agree to fully cooperate with and grant access to international monitors, advisors, investigators, and observers.

 Article III
 All forces within the Republic of Bosnia and Herzegovina not of local origin must withdraw within thirty days of the entry into force of the Agreement (December 14, 1995), i.e. by January 13, 1996 .

 Article IV
 Phase I
 Immediately after this Annex enters into force the Parties will begin promptly and proceed steadily to withdraw their forces behind a Zone of Separation on either side of the Agreed Cease-Fire Line. Withdrawal will be completed within thirty days after the Transfer of Authority, i.e. by January 19, 1996
.  The Agreed Cease-Fire Zone of Separation will extend two kilometers on either side of the Agreed Cease-Fire Line.  No weapons other than those of IFOR are permitted within this Zone.  Violators will be subject to military action by IFOR.

 Specific provisions:

 Sarajevo: Within seven days after the Transfer of Authority (i.e. by December 27, 1995) the Parties will have transferred and vacated selected positions along the agreed Cease-Fire Line as instructed by IFOR.  Within thirty days forces will be withdrawn from within the Agreed Zone of Separation (i.e. by January 19, 1996) .  The width of this zone will be approximately one kilometer on each side of the Cease-Fire Line line, but can be adjusted by IFOR.  No individual other than IFOR personnel will possess weapons or explosives of any kind within this zone.

 Gorazde: A two-lane all-weather road will be constructed in the Gorazde corridor.  Until the road is constructed, two interim routes will be used by both Entities.  Complete freedom of movement will be granted along these routes, with IFOR authorized to use force to ensure protection of civilian traffic. Parties will not locate any forces or heavy weapons within two kilometers of the designated interim routes. Immediately after this Annex enters into force (December 14, 1995) the Parties will begin promptly and proceed steadily to remove, dismantle or destroy all mines, explosive devices and/or barbed wire from the Cease-Fire Zone of Separation or other areas from which forces are withdrawn, or to mark all emplacements thereof in Bosnia and Herzegovina, as directed by IFOR.  This will be completed within thirty days after the Transfer of Authority (i.e. by January 19, 1996) .

 Phase II
 In those locations where areas occupied by one Entity are to be transferred to another Entity, the forces of the withdrawing Entity will have 45 days after the Transfer of Authority to completely vacate the area (i.e. by February 3, 1996).  The Entity to which the area is transferred will not put forces into this area for a period of  90 days after the Transfer of Authority (i.e. until March 19, 1996)
.  IFOR will provide military security in the interim period.  Upon occupation by the Entity to which the area is transferred, IFOR will supervise the marking of new Zones of Separation, and will be authorized to use necessary military force to ensure compliance.

 Phase III

 As confidence building measures:
 Parties will withdraw all heavy weapons and forces to cantonment/barracks areas within 120 days after the Transfer of Authority (i.e. by April 18, 1996).  All forces which cannot be accommodated in cantonment/barracks will be demobilized by April 18, 1996 .  They will surrender all weapons and other military equipment, and be released from service.

 Article V
 Upon the establishment of the JOINT MILITARY COMMISSION, all Parties will provide the Commission with complete information as to the location of all known weapons, minefields, explosives, and all other hazards to safe movement within Bosnia and Herzegovina and will keep the Commission updated on changes in this information.  Within thirty days after the Transfer of Authority (i.e. by January 19, 1996), the Parties will provide the Joint Military Commission with specific information regarding the status of forces within ten kilometers of the Agreed Cease-Fire Line and Inter-Entity Boundary Line and will keep the Commission updated on changes in this information.  Within 120 days after the Transfer of Authority (i.e. by April 18, 1996) the Parties will provide complete information regarding the status of all of their forces within Bosnia and Herzegovina.

 Article VI
 The IFOR mandate differs from that of UNPROFOR and includes the rights to:

 - Monitor and help ensure compliance with this Annex.

 - Authorize and supervise marking of the Agreed Cease-Fire Line, its Zone of Separation, the Inter- Entity Boundary Line, and its Zone of Separation.

 - Establish arrangements with local and international civilian and military authorities.

 - Assist in the withdrawal of UN Peace Forces not transferred to IFOR. IFOR also will have the right "on request" to fulfill the following supporting tasks "within the limits of its assigned principal tasks and available resources":

 - Help create secure conditions for other peace settlement activities, including elections.

 - Assist the movement of organizations in the accomplishment of humanitarian missions.

 - Assist the United Nations High Commissioner for Refugees (UNHCR) and other international organizations in their humanitarian missions.

 - Observe and prevent interference with the movement of civilians, refugees and displaced persons and respond to violence to life and person associated with such movements.

 - Monitor the clearing of minefields. IFOR has the authority to use military force to fulfill its mission and does not require permission by any Party to do so.

 The Army of the Republic of Bosnia and Herzegovina, the Croat Defense Council Forces, and the Army of the Republika Srpska will establish COMMAND POSTS co-located with IFOR command vocations, which will supervise their respective forces which are located within ten kilometers of the Agreed Cease-Fire Line or Inter-Entity Boundary Line.  The Command Posts will keep IFOR informed of the status of organizations and troop levels in their areas.  IFOR will have complete and unimpeded freedom of movement by ground, air and water throughout Bosnia and Herzegovina.  IFOR has the sole authority to govern air space over Bosnia and Herzegovina, and to adopt rules to that effect. Parties will have shut down all air early warning, air defense, or fire control radars within 72 hours after this Annex enters into force (i.e. by December 17, 1995) .  IFOR will direct the transfer to civilian control of air space over Bosnia and Herzegovina. IFOR can promulgate rules for the regulation of surface military traffic in Bosnia and Herzegovina.  IFOR will have complete access to all territories and communications systems.

 Article VII
 UNPROFOR will withdraw.

 Article VIII
 The Parties agree to the establishment of a JOINT MILITARY COMMISSION with the deployment of IFOR in Bosnia and Herzegovina.  The Commission will receive all military complaints, questions or problems, as well as reports; agree on specific actions  to ensure compliance with this Annex; and assist the IFOR Commander in implementing transparency measures.  The Commission will be chaired by the IFOR Commander or his or her representative and will consist of the senior military commander of the forces of each party within Bosnia and Herzegovina and other persons as the IFOR Commander may determine. Each Party may select two civilians who will advise the Commission.  The High Representative will attend Commission meetings and offer advice.  No one indicted by the International Tribunal for the Former Yugoslavia may become a member of the Commission.

 Article IX
 The Parties will release and transfer all prisoners, in full cooperation with the International Committee of the Red Cross (ICRC), within thirty days after the Transfer of Authority (i.e. by January 19, 1996).   No later than 21 days after this Annex enters into force (i.e. by January 4, 1996) the Parties will draw up comprehensive lists of prisoners for submission to the ICRC, the other Parties, the Joint Military Commission, and the High Representative .  The ICRC will be granted full access to prisoners and will be permitted to privately interview each prisoner at least 48 hours prior to his or her release.  Parties will take no reprisals against a prisoner for refusing to be transferred.  The Parties will comply with any order of the International Tribunal for the Former Yugoslavia for the surrender of prisoners.  Parties will permit graves registration personnel of the other Parties to enter into places of burial for a mutually agreed period of time to recover and evacuate bodies of deceased military and civilian personnel, including deceased prisoners.

 Article XII
 IFOR has the final authority to interpret this Annex.

 Annex 1-B: Regional Stabilization

 Article I
 The Parties agree to devise new forms of cooperation aimed at "building transparency and confidence" and achieving balanced and stable defense forces at the "lowest numbers consistent with the Parties' respective security."

 Article II
 Within seven days after this Annex enters into force (i.e. by December 21, 1995)  the Republic of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina and the Republika Srpska will begin negotiations under the auspices of the OSCE, with the goal of agreeing upon an initial set of measures within forty-five days after this Annex enters into force (i.e. by January 28, 1996), which initial measures will include restrictions on military deployments and exercises in certain areas; restrictions on locations of heavy weapons; notification of certain planned military activities and of disbandment of special operations and armed civilian groups; identification of and monitoring of weapons manufacturing capabilities; exchange of data on holdings of certain weapons; establishment of "military liaison missions" between the Chiefs of the Armed Forces of the Federation of Bosnia and Herzegovina and the Republika Srpska .

 Article III
 No arms will be imported for ninety days after this Annex enters into force (i.e. until March 13, 1996). No heavy weapons, mines, military aircraft, or helicopters will be imported until 180 days after this Annex enters into force (i.e. until June 11, 1996), or until the arms control agreement referred to in Article IV below takes effect, whichever is the earliest .

 Article IV
 Within thirty days after this Annex enters into force (i.e. by January 13, 1996) the Parties will begin negotiations under the auspices of the OSCE to reach an agreement on levels of armaments, and an agreement establishing "voluntary limits on military manpower."  To establish a baseline, the Parties agree to report within thirty days after this Annex enters into force (i.e. by January 13, 1996) their holdings of tanks, certain artillery, armored combat vehicles, combat aircraft and attack helicopters.  The negotiations on levels of armament are to be completed within 180 days after the entry into force of this Annex (i.e. by June 11, 1996) .

 Article V
 The OSCE will designate a special representative to help organize and conduct negotiations, and the Parties agree to establish a Commission together with representatives of the OSCE to resolve disputes.

 Annex 2: Inter-Entity Boundary Line and Related Issues

 Article I
 The Parties agree to the establishment of an Inter-Entity Boundary Line between the Federation of Bosnia and Herzegovina and the Republika Srpska.

 Article II
 The Parties may change this Line only by mutual consent, and during IFOR's mandate, in consultation with IFOR.

 Article IV
 IFOR will determine the exact delineation of such lines, and the IFOR Commander in Sarajevo may adjust the Zone of Separation as necessary.   Following the entry into force of this Agreement, the Parties will form a JOINT COMMISSION to prepare an "agreed technical document" containing a precise description of the Inter-Entity Boundary Line.

 Article V
 The Parties agree to binding arbitration of the disputed Brcko area.  No later than six months (i.e. by June 14, 1996) after the entry into force of this Agreement, the Federation and the Republika Srpska will each appoint one arbitrator.  A third arbitrator will be selected by agreement between the first two arbitrators within thirty days thereafter (i.e. by July 14, 1996).  If they do not agree, the third arbitrator will be appointed by the President of the International Court of Justice.  The arbitrators will issue their decision no later than one year after the entry into force of this Agreement, i.e. by December 14, 1996 .

 Article VI
 In those areas transferring from one Entity to the other, the transfer will be completed within 45 days after the Transfer of Authority, i.e. by February 3, 1996 .

 Annex 3: Elections

 Article I
 The Parties will ensure a politically neutral environment, will protect and enforce the right to vote in secret without fear or intimidation, will ensure freedom of expression and press, will encourage freedom of association, and will ensure freedom of movement.  OSCE will determine whether social conditions exist under which elections can be effective, and will provide assistance in creating these conditions, if necessary.

 Article II
 The OSCE will adopt and put in place an elections program for Bosnia and Herzegovina, and to this end will establish a PROVISIONAL ELECTION COMMISSION to supervise the preparation and conduct of the elections for the legislatures and Presidency of both Entities, and for the House of Representatives of Bosnia and Herzegovina (and if feasible, for cantonal and municipal authorities). Elections will take place six months after the entry into force of this agreement (i.e. on June 14, 1996), or if the OSCE determines a delay to be necessary, no later than nine months after the entry into force (i.e. by September 14, 1996) .

 Article III
 The Provisional Electoral Commission will establish rules and regulations for the elections, and will supervise all aspects of the electoral process, including determining voter registration provisions, ensuring compliance with their established rules and regulations, ensuring swift action to "remedy any violation" thereof, accrediting election observers and ensuring their unlimited access.  The Commission will consist of the head of the OSCE mission, the High Representative, representatives of the Parties and other persons which the head of the OSCE mission will designate in consultation with the Parties.  The head of the OSCE mission will chair the Commission.

 Article IV
 Any citizen of Bosnia and Herzegovina aged 18 or over whose name appears on the 1991 census for Bosnia and Herzegovina will be eligible to vote.  A citizen who no longer lives in the municipality in which s/he resided in 1991 will, "as a general rule," be expected to vote, "in person or by absentee ballot," in that municipality, provided that that person is determined to have been registered in that municipality as confirmed by the local election commission and the Provisional Election Commission.  The citizen may apply to the Commission to cast his or her ballot elsewhere.  "The exercise of a refugee's right to vote shall be interpreted as confirmation of his or her intention to return to Bosnia and Herzegovina." By election day (i.e. between June 14 and September 14, 1996) it is expected that the return of refugees should already be underway, allowing returnees to participate in person in elections .

 Annex 4: Constitution of Bosnia and Herzegovina

 Article I
 The Republic of Bosnia and Herzegovina will continue its legal existence under international law as a state under the name Bosnia and Herzegovina.  It will remain a member state of the United Nations.  It will consist of two Entities, the Federation of Bosnia and Herzegovina and the Republika Srpska.  Its capital will be Sarajevo.  There will be a citizenship of Bosnia and Herzegovina which will be regulated by the Parliamentary Assembly, and a citizenship of each Entity regulated by that Entity, provided that all citizens of either Entity are thereby citizens of Bosnia and Herzegovina.

 "No person shall be deprived of Bosnia and Herzegovina or Entity citizenship arbitrarily or so as to leave him or her stateless," or on the basis "of sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."

 "All persons who were citizens of the Republic of Bosnia and Herzegovina immediately prior to the entry into force of this Constitution are citizens of Bosnia and Herzegovina.  The citizenship of persons naturalized after April 16, 1992 and before the entry into force of this Constitution will be regulated by the Parliamentary Assembly."

 Citizens of Bosnia and Herzegovina may hold the citizenship of another state if a relevant bilateral agreement exists between Bosnia and Herzegovina and that other state, and such dual citizens may vote in Bosnia and Herzegovina only if Bosnia and Herzegovina is their "country of residence."

 Article II
 Bosnia and Herzegovina and both Entities will ensure respect for "internationally recognized human rights and fundamental freedoms," and for those set forth in the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols, including the right to life, liberty and security of person, the right not to be held in slavery or to be subjected to torture or inhuman or degrading treatment or punishment, the right to a fair trial, freedom of thought, conscience, and religion, freedom of expression and association, freedom of movement and the right to own property.  These provisions of the European Convention and its Protocols apply directly in Bosnia and Herzegovina and have priority over all other law. To ensure these freedoms, a Human Rights Commission for Bosnia and Herzegovina will be established, as detailed in Annex 6 .  The Constitution guarantees protection from discrimination, and freedom of movement and return for refugees and displaced persons to their "homes of origin," as detailed in Annex 7 .

 Bosnia and Herzegovina will remain or become Party to the international agreements listed in the Constitution.  All competent authorities in Bosnia and Herzegovina will comply with the orders of the International Tribunal for the former Yugoslavia.

 Article III
 Describes the responsibilities and relations between the Institutions of Bosnia and Herzegovina and the Entities.  Among others, the responsibilities of Bosnia and Herzegovina will include foreign policy, immigration, refugee and asylum policy and regulation, international and inter-Entity criminal law enforcement, and air traffic control.  The Entities will have the right to establish special parallel relationships with neighboring states "consistent with the sovereignty and territorial integrity of Bosnia and Herzegovina," and will provide all necessary assistance to the government of Bosnia and Herzegovina. The Entities will establish their own civilian law enforcement agencies.  All powers not expressly assigned in this Agreement to Bosnia and Herzegovina will be those of the Entities.  The Constitution of Bosnia and Herzegovina supersedes those of the Entities. Within six months of the entry into force of the Constitution (i.e. by June 14, 1996) the Entities will begin negotiations with the goal of including other matters in the responsibilities of Bosnia and Herzegovina, such as energy resource management and economic projects .

 Article IV
 The PARLIAMENTARY ASSEMBLY will have two chambers: the House of Peoples, which will have 15 delegates ("five Croats and five Bosniacs" selected by the House of Peoples  of the Federation, and "five Serbs" selected by the National Assembly of the Republika Srpska); and the House of Representatives, comprising 42 delegates (two-thirds elected from the territory of the Federation and one-third from the Republika Srpska). Each chamber will be convened in Sarajevo not more than thirty days after its respective selection or election (i.e. between July 14, 1996 and October 14, 1996) .

 Article V
 The PRESIDENCY will consist of one Croat and one Bosniac from the Federation and one Serb from the Republika Srpska, who will be elected directly in each Entity.  The term of the elected members of the Presidency will be two years in the first election, and thereafter four years.  The Presidency will nominate a Council of Ministers, who will take office upon the approval of the House of Representatives.  Each member of the Presidency will have civilian command authority over armed forces, and the Presidency will select a STANDING COMMITTEE ON MILITARY MATTERS to coordinate the activities of the armed forces.

 Article VI
 The CONSTITUTIONAL COURT will have nine members, four selected by the House of Representatives of  the Federation and two by the National Assembly of the Republika Srpska.  The remaining three members will be selected by the President of the European Court of Human Rights.  Judges initially appointed will serve five years.   Judges subsequently appointed will serve until age 70.  A majority will constitute a quorum. The Constitutional Court is responsible for upholding the Constitution.

 Article VII
 The Central Bank of Bosnia and Herzegovina will have sole authority to issue currency and monetary policy throughout Bosnia and Herzegovina.

 Article IX
 No individual who is serving a sentence imposed by the International Tribunal for the Former Yugoslavia, or who is under indictment by the Tribunal and who has failed to comply with an order to appear before the Tribunal, may stand as a candidate or hold any appointive, elective, or other public office in the territory of Bosnia and Herzegovina.

 Annex I to the Constitution
 Additional human rights agreements to be applied in Bosnia and Herzegovina include:

 - 1948 Convention on the Prevention and Punishment of the Crime of Genocide

 - 1949 Geneva Conventions I-V and 1977 Geneva Protocols I and II

 - 1951 Convention relating to the Status of Refugees and its 1967 Protocol

 - 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 its 1966 and 1989 Optional Protocols

 - 1966 Covenant on Economic, Social and Cultural Rights

 - 1979 Convention on the Elimination of All Forms of Discrimination Against Women

 - 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

 - 1987 European Convention on the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

 - 1989 Convention on the Rights of the Child

 - 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families Annex II to the Constitution
 A JOINT INTERIM COMMISSION will discuss practical questions related to the implementation of the Constitution, and will be composed of four persons from the Federation, three persons from the Republika Srpska, and one representative of Bosnia and Herzegovina.

 Annex 5: Arbitration

 The Federation of Bosnia and Herzegovina and the Republika Srpska "will enter into reciprocal commitments...to engage in binding arbitration to resolve disputes between them."

 Annex 6: Human Rights

 The Parties agree to "secure to all persons within their jurisdiction the highest level of internationally recognized human rights and fundamental freedoms," these include those 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 but are not limited to:
 

 

 - Right to life

 - Right not to be subjected to torture or to inhuman or degrading punishment

 - Right not to be held in slavery or to perform forced labor

 - Rights to liberty and security of person

 - Right to a fair hearing

 - Right to private and family life, home, and correspondence

 - Freedom of thought, conscience, and religion

 - Freedom of expression

 - Freedom of peaceful assembly and association

 - Right to marry and found a family

 - Right to own property

 - Right to education

 - Right to liberty of movement and residence

 - Enjoyment of these rights and freedoms without discrimination Article II
 A COMMISSION ON HUMAN RIGHTS will be formed, consisting of the OFFICE OF THE OMBUDSMAN and the HUMAN RIGHTS CHAMBER.  The Commission on Human Rights will consider "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...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." All persons have the right to submit to the Commission and to other human rights bodies applications concerning alleged violations of human rights.  No punitive action is to be taken against such persons.

 Article III
 The salaries and expenses of the Commission will be determined jointly by the Parties and borne by Bosnia and Herzegovina.  The Commission's headquarters will be in Sarajevo, and the Ombudsman will have at least one other office within the territory of the Federation and the Republika Srpska, or more if deemed necessary.  The Chamber may meet in other locations if a case requires it.  The Commission may receive assistance from any governmental, international, or nongovernmental organization.

 Article IV
 The Human Rights Ombudsman will be appointed for a non-renewable term of five years by the Chairman- in-Office of the OSCE after consultation with the Parties.  Until the transfer described in Article XIV below, the Ombudsman may not be a citizen of Bosnia and Herzegovina or any neighboring state.  After that transfer the Ombudsman will be appointed by the Presidency of Bosnia and Herzegovina.  The Office of the Ombudsman will be an independent agency.

 Article V
 The Ombudsman is responsible for receiving allegations of violations of human rights and investigating such violations.  S/he will issue findings and conclusions promptly after concluding an investigation. Where an allegation is deemed by the Ombudsman to be within the scope of the Human Rights Chamber, s/he may refer it to the Chamber at any stage.  The Ombudsman may present special reports at any time to appropriate governmental organs or officials; will publish a report containing conclusions and recommendations; and may intervene in any proceedings before the Chamber.

 Article VII
 The Human Rights Chamber will be composed of fourteen members. Within ninety days after this Agreement enters into force (i.e. by March 13, 1996) the Federation of Bosnia and Herzegovina will appoint four members and the Republika Srpska will appoint two members.  The Committee of Ministers of the Council of Europe, after consultation with the Parties, will appoint the remaining members, who will not be citizens of Bosnia and Herzegovina or any neighboring state, and one such member will be designated as President of the Chamber .  All members will be jurists of "recognized competence."

 Article VIII
 The Chamber will receive allegations of violations of human rights from the Ombudsman or from any Party, person or organization for resolution and decision.  The Chamber will decide which applications to accept and in what priority, with a view to giving particular priority to "allegations of especially severe or systematic violations and those founded on alleged discrimination on prohibited grounds."  The Chamber will "develop fair and effective procedures for the adjudication of applications."

 Article XIII
 The Parties agree to "promote and encourage the activities of nongovernmental and international organizations for the protection and promotion of human rights," and invite the United Nations Commission on Human Rights, the OSCE, the United Nations High Commissioner for Human Rights, and other intergovernmental and regional human rights organizations to monitor closely the human rights situation in Bosnia, including through the establishment of local offices and the assignment of observers and rapporteurs, and to provide them with full and effective facilitation, assistance, and access.  The Parties will allow full and effective access to nongovernmental organizations to investigate and monitor human rights conditions in Bosnia and Herzegovina.

 Article XIV
 Five years after this Agreement enters into force (i.e. by December 14, 2000), the responsibility for the continued functioning of the Commission will transfer from the Parties to the institutions of Bosnia and Herzegovina, unless the Parties agree otherwise .

 Annex 7 Refugees and Displaced Persons

 Chapter One: Protection
 Article I
 "All refugees and displaced persons have the right freely to return to their homes of origin," and to have their property returned to them or receive compensation.  The Parties will 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."  The Parties will "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. The following confidence measures will be implemented immediately:
 

 

 (a)      the repeal of domestic legislation or administrative practices with discriminatory intent or effect,

 (b)      the prevention and suppression of any written or verbal incitement of ethnic or religious hostility or hatred,

 (c)      the dissemination of warnings against acts of retribution by military, paramilitary and police services, public officials, and individuals,

 (d)      the protection of ethnic minorities, and full access to these populations for humanitarian organizations, and

 (e)      the prosecution of individuals 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." Individuals and families will have a choice of destination without interference or compulsion to stay in or move to a particular destination.  The unity of the family shall be preserved.  The UNHCR, in collaboration with asylum countries and the Parties, will develop a REPATRIATION PLAN "that will allow for an early, peaceful, orderly and phased return of refugees and displaced persons...consistent with international law."

 The Parties will "facilitate the flow of information necessary for refugees and displaced persons to make informed judgments about local conditions for return."

 Article II
 The Parties agree to create "political, economic, and social conditions conducive to the voluntary return and harmonious reintegration of refugees and displaced persons."

 "The Parties will not discriminate against returnees with respect to conscription into military service, and will give positive consideration to requests for exemption from military or other obligatory service, so as to enable returnees to rebuild their lives."

 Article III
 The Parties regard the UNHCR as having the lead role of coordinating repatriation activities, and agree to grant "full and unrestricted access" to all refugees and displaced persons for the UNHCR, the ICRC, the United Nations Development Program, and other relevant international, domestic, and nongovernmental organizations in all aspects of  the implementation of this Agreement, and will "provide for the security of all personnel of such organizations."

 Articles IV and V
 The Parties will facilitate the provision of short-term repatriation assistance on a "non-discriminatory basis" to all returning refugees and displaced persons, "in accordance with a plan developed by the UNHCR and other relevant organizations," and agree to "provide information through the tracing mechanisms of the ICRC on all persons unaccounted for."

 Article VI
 Any returning refugee or displaced person charged with a crime, other than a violation of international humanitarian law as defined in the Statute of the International Tribunal for the Former Yugoslavia or a common crime unrelated to the conflict, will, upon return, enjoy an amnesty.

 Chapter Two: Commission for Displaced Persons and Refugees Article VII The Parties establish a COMMISSION FOR DISPLACED PERSONS AND REFUGEES, which will have its headquarters in Sarajevo and may establish other offices elsewhere as necessary.

 Article IX
 The Commission will be composed of nine members. Within ninety days after this Agreement enters into force (i.e. by March 13, 1996) the Federation of Bosnia and Herzegovina will appoint four members, two for a term of three years and the others for a term of four years, and the Republika Srpska will 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 will appoint the remaining members, each for a term of five years, and will designate one such member as Chairman .

 Article X
 The Commission will have appropriate facilities, and a "professionally competent staff, experienced in administrative, financial, banking and legal matters to assist in carrying out its functions."  The salaries and expenses of the Commission will be determined jointly by the Parties and be borne equally by the Parties.

 "The Commission my 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."

 Article XI
 The Commission will receive and decide claims for return of or compensation 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."

 Article XII
 The Commission will determine the lawful owner of the property and its value.  It will have access to all property records and to all property in Bosnia and Herzegovina for inspection and evaluation.  The Commission will establish fixed rates to determine the value of all real property, and will have the power to effect any transactions necessary for the transfer, mortgage or lease of real property.  In particular, the Commission may lawfully sell, mortgage or lease real property where the lawful owner has sought compensation instead of return.

 Article XIII
 The Parties, after notification to the Commission and in cooperation with the UNHCR and other relevant organizations, may temporarily house refugees and displaced persons in vacant property.

 Article XIV
 A REFUGEES AND DISPLACED PERSONS PROPERTY FUND will be established in the Central Bank of Bosnia and Herzegovina and will be administered by the Commission.  The Fund will be replenished through the purchase, sale, lease and mortgage of real property which is the subject of claims; it may also be replenished by direct payment by the Parties or contributions of international or nongovernmental organizations.

 Article XVI
 Five years after this Agreement takes effect (i.e. on December 14, 2000), responsibility for the financing and operation of the Commission will transfer from the Parties to the Government of Bosnia and Herzegovina, unless the Parties agree otherwise .

 Annex 8  Commission to Preserve National Monuments

 Articles I and II
 The Parties agree to establish a COMMISSION TO PRESERVE NATIONAL MONUMENTS, which will have its headquarters in Sarajevo and be composed of five members. Within ninety days after this Agreement enters into force (i.e. by March 13, 1996) the Federation of Bosnia and Herzegovina will appoint two members, and the Republika Srpska will appoint one member, each serving a term of three years.  The Director-General of the United Nations Educational, Scientific, and Cultural Organization will appoint the remaining members, each for a term of five years, and will designate one such member as the Chairman .

 Article IV
 The Commission will "receive and decide on petitions for the designation of property having cultural, historic, religious or ethnic importance as National Monuments."

 Article IX
 Five years after this Agreement takes effect (i.e. on December 14, 2000), responsibility for the financing and operation of the Commission will transfer from the Parties to the Government of Bosnia and Herzegovina, unless the Parties agree otherwise .

 Annex 9  Bosnia and Herzegovina Public Corporations

 Article I
 The Parties establish a COMMISSION ON PUBLIC CORPORATIONS to "examine establishing Bosnia and Herzegovina Public Corporations to operate joint public facilities, such as for the operation of utility, energy, postal and communication facilities."  The Commission will have five members. Within fifteen days after this Agreement enters into force (i.e. by December 29, 1995) the Federation of Bosnia and Herzegovina will have appointed two members, and the Republika Srpska will have appointed one member. The Parties request that the President of the European Bank for Reconstruction and Development appoint the remaining two members, and designate one such member as the Chairman .

 Article II
 The Parties establish a BOSNIA AND HERZEGOVINA TRANSPORTATION CORPORATION to organize and operate transportation facilities, such as roads, railways and ports.  The Transportation Corporation is authorized to "construct, acquire, hold, maintain, operate, and dispose of real and personal property in accordance with specific plans that it develops" and is also authorized to fix and collect rates, fees, and charges for the use of facilities it operates. The Parties will meet within 15 days after the Agreement enters into force (i.e. by December 29, 1995) to consider which facilities the Corporation will operate.  Within 30 days after the Agreement enters into force (i.e. by January 13, 1996), the Parties will agree on their monetary contributions to the Corporation's initial operating budget .

 Annex 10  Civilian Implementation

 Article I
 The Parties request the designation of a HIGH REPRESENTATIVE by the United Nations Security Council 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."

 Article II
 The High Representative will have the responsibility to monitor the implementation of the peace settlement, to maintain close contact with the Parties and with IFOR, to coordinate the activities of the civilian organizations and agencies, and to resolve any difficulties arising in connection with this implementation.  The High Representative will have no authority over IFOR and will not "interfere in the conduct of military operations or the IFOR chain of command."  The High Representative will convene and chair a JOINT CIVILIAN COMMISSION, comprised of senior political representatives of the Parties, the IFOR Commander or his representative, and representatives of other organizations the High Representative deems necessary.

 Annex 11  International Police Force

 Article I
 The Parties request that the United Nations "establish by a decision of the Security Council, as a UNCIVPOL operation, a UN INTERNATIONAL POLICE TASK FORCE (IPTF)" to carry out a program of assistance to the Parties for the development of a safe and secure environment for all persons in their respective jurisdictions, as described in the Constitution ( Annex 4 ) Article III (2) (c).

 Article II
 The IPTF will be autonomous, will coordinate its activities through the High Representative, and will be headed by a Commissioner appointed by the Secretary General of the United Nations in consultation with the Security Council.

 Article III
 The IPTF Assistance Program will include, among other elements:

 (a) monitoring, observing, and inspecting law enforcement activities and facilities,

 (b) advising law enforcement personnel,

 (c) training law enforcement personnel,

 (d) facilitating the Parties' law enforcement activities,

 (e) assessing threats to public order and advising measures to address these threats,

 (f) advising governmental authorities on the organization of effective law enforcement agencies, and

 (g) assisting law enforcement personnel in carrying out their duties and protecting international personnel located in Bosnia and Herzegovina in connection with the elections described in Annex 3 . Article IV
 The Parties will cooperate fully with the IPTF. Within 30 days after this Agreement enters into force (i.e. by January 13, 1996), the Parties will provide the IPTF Commissioner with information on their law enforcement agencies (size, location, structure) .

 Article V
 Any failure to cooperate with the IPTF will be reported to the High Representative, who may take appropriate action in response.

 Article VI
 Should IPTF personnel become aware of violations of "internationally recognized human rights or fundamental freedoms," they will provide such information to the Human Rights Commission established in Annex 6 of this Agreement, or to the International Tribunal for the Former Yugoslavia, or to other appropriate organizations.

January 13, 1996 :

 1. All forces within the Republic of Bosnia and Herzegovina not of local origin to withdraw.

 2. The Parties will begin negotiations under the auspices of the OSCE to reach an agreement on levels of armaments, and an agreement establishing "voluntary limits on military manpower."  To establish a baseline, the Parties agree also to report by this date their holdings of tanks, certain artillery, armored combat vehicles, combat aircraft and attack helicopters.

 3. The Parties will provide the IPTF Commissioner with information on their law enforcement agencies (size, location, structure).

 4. The Parties will agree on their monetary contributions to the Bosnia and Herzegovina Public Corporation's initial operating budget.

 January 19, 1996 :

 5. Disarmament of "armed civilian groups" will be completed.

 6. The Parties will have released and transferred all prisoners, in full cooperation with the ICRC.

 7. Withdrawal by Parties of their forces behind a Zone of Separation on either side of the Agreed Cease- Fire Line will be completed.

 8. The Parties will have completed the removal, dismantling or destruction of all mines, explosive devices and/or barbed wire from the Cease-Fire Zone of Separation or other areas from which forces are withdrawn, or the marking of all emplacements thereof in Bosnia and Herzegovina, as directed by IFOR.

 9. The Parties will have provided the Joint Military Commission with specific information regarding the status of forces within ten kilometers of the Agreed Cease-Fire Line and Inter-Entity Boundary Line and will be keeping the Commission updated on changes in this information.

 January 28, 1996 :

 10. Goal of agreeing upon an initial set of measures to restrict military deployments and exercises in certain areas. February 3, 1996 :

 11. In those locations where areas occupied by one Entity are to be transferred to another Entity, the forces of the withdrawing Entity will have completely vacated the area in order to facilitate the transfer.

 March 13, 1996 :

 12. The Federation of Bosnia and Herzegovina will appoint four members to the Human Rights Chamber and the Republika Srpska will appoint two members.  The Committee of Ministers of the Council of Europe, after consultation with the Parties, will appoint the remaining members of the Chamber, who will not be citizens of Bosnia and Herzegovina or any neighboring state, and one such member will be designated as President of the Chamber.

 13. The Federation of Bosnia and Herzegovina will appoint four members to the Commission for Displaced Persons and Refugees, two for a term of three years and the others for a term of four years, and the Republika Srpska will appoint two members to the Commission, 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 will appoint the remaining members of the Commission, each for a term of five years, and will designate one such member as Chairman.

 14. The Federation of Bosnia and Herzegovina will appoint two members to the Commission to Preserve National Monuments, and the Republika Srpska will appoint one member, each serving a term of three years.  The Director-General of the United Nations Educational, Scientific, and Cultural Organization will appoint the remaining members of the Commission, each for a term of five years, and will designate one such member as the Chairman.

 15. Arms (except heavy weapons, mines, military aircraft or helicopters) permitted to be imported.

 March 19, 1996 :

 16. The Entity to which an area is transferred may begin to put Forces into this area.

 April 18, 1996 :

 17. Parties will have withdrawn all heavy weapons and forces to cantonment/barracks areas.  All forces which cannot be accommodated in such areas will have been demobilized.

 18. The Parties will have provided complete information to the Joint Military Commission  regarding the status of all of their forces within Bosnia and Herzegovina.

 June 11, 1996 :

 19. Negotiations on levels of armament are to be completed

 20. Heavy weapons, mines, military aircraft, and helicopters may be imported.

 21. It is expected that displaced persons and refugees will be repatriating at this time.

 22. Elections will take place. Each chamber will be convened in Sarajevo not more than thirty days after its respective selection or election.

 23. The Federation and the Republika Srpska will have each appointed one arbitrator of the disputed Brcko area.

 24. The Entities will begin negotiations with the goal of including other matters in the constitutional responsibilities of Bosnia and Herzegovina, such as energy resource management and economic projects.

 July 14, 1996 :

 25.The House of Peoples and House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina will each convene in Sarajevo by this date, or by thirty days after its respective selection or election.

 26. A third arbitrator of the disputed Brcko area will have been selected by agreement between the first two arbitrators.  If they do not agree, the third arbitrator will be appointed by the President of the International Court of Justice.

 September 14, 1996 :

 27. Latest alternative date for elections, if the OSCE determines a delay in elections to be necessary

 December 14, 1996 :

 28. Approximate IFOR withdrawal.

 29. The arbitrators of the disputed Brcko area will issue their decision.

 December 14, 2000 :

 30. The responsibility for the continued functioning of the Commission on Human Rights, the Commission on Displaced Persons and Refugees, and the Commission to Preserve National Monuments will transfer from the Parties to the institutions of Bosnia and Herzegovina, unless the Parties agree otherwise.

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