ANNEX 3

Elections
ANNEX 3

AGREEMENT ON ELECTIONS

In order to promote free, fair, and democratic elections and to lay the foundation for representative government and ensure the progressive achievement of democratic goals throughout Bosnia and Herzegovina, in accordance with relevant documents of the Organization for Security and Cooperation in

Europe (OSCE), the Republic of Bosnia and Herzegovina, the

Frede artics Bave agre sellina and tae Republika Spska

Article I

Conditions for Democratic Elections

1. The Parties shall ensure that conditions exist for the organization of free and fair elections, in particular a politically neutral environment; shall protect and enforce the right to vote in secret without fear or intimidation; shall ensure freedom of expression and of the press; shall allow and encourage freedom of association (including of political parties);

and shall ensure freedom of movement.

2. The Parties request the OSCE to certify whether elections can be effective under current social conditions in both Entities and, if necessary, to provide assistance to the

Parties in creating these conditions.

3. The Parties shall comply fully with paragraphs 7 and 8 of the OSCE Copenhagen Document, which are attached to this

Agreement.

Article II

The OSCE Role

1. OSCE. The Parties request the OSCE to adopt and put in place an elections program for Bosnia and Herzegovina as set forth in this Agreement.
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2. Elections. The Parties request the OSCE to supervise, in a manner to be determined by the OSCE and in cooperation with other international organizations the OSCE deems necessary, the preparation and conduct of elections for the House of

Representatives of Bosnia and Herzegovina; for the

Presidency of Bosnia and Herzegovina; for the House of

Representatives of the Federation of Bosnia and Herzegovina;

for the National Assembly of the Republika Srpska; for the

Presidency of the Republika Srpska; and, if feasible, for cantonal legislatures and municipal governing authorities.

3. The Commission. To this end, the Parties request the OSCE to establish a Provisional Election Commission ("the Commission").

4. Timing. Elections shall take place on a date ("Election Day") six months after entry into force of this

Agreement or, if the OSCE determines a delay necessary, no later than nine months after entry into force.

Article III

Ihe Provisional Election Commission

1. Rules and Regulations. The Commission shall adopt electoral rules and regulations regarding: the registration of political parties and independent candidates; the eligibility of candidates and voters; the role of domestic and intemational election observers; the ensuring of an open and fair electoral campaign; and the establishment, publication, and certification of definitive election results. The Parties shall comply fully with the electoral rules and regulations, any internal laws and regulations notwithstanding.

2. Mandate of the Commission. The responsibilities of the

Commission, as provided in the electoral rules and regulations shall include:

(a)

supervising all aspects of the electoral process to ensure that the structures and institutional framework for free and fair elections are in place;

(b)

(c)

determining voter registration provisions;

ensuring compliance with the electoral rules and regulations established pursuant to this Agreement;
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(d)

ensuring that action is taken to remedy any violation of any provision of this Agreement or of the electoral rules and regulations established pursuant to this

Agreement, including imposing penalties against any person or body that violates such provisions; and (e)

accrediting observers, including personnel from international organizations and foreign and domestic non-governmental organizations, and ensuring that the

Parties grant accredited observers unimpeded access and movement.

3. Composition and Functioning of the Commission. The

Commission shall consist of the Head of the OSCE Mission, the

High Representative or his or her designee, representatives of the

Parties, and such other persons as the Head of the OSCE

Mission, in consultation with the Parties, may decide. The

Head of the OSCE Mission shall act as Chairman of the

Commission. In the event of disputes within the Commission, the decision of the Chairman shall be final.

4. Privileges and Immunities. The Chairman and Commission shall enjoy the right to establish communications facilities and to engage local and administrative staff, and the status, privileges and immunities accorded to a diplomatic agent and mission under the Vienna Convention on Diplomatic Relations.

Article IV

Eligibility

1. Voters. Any citizen of Bosnia and Herzegovina aged 18 or older whose name appears on the 1991 census for Bosnia and

Herzegovina shall be eligible, in accordance with electoral rules and regulations, to vote. A citizen who no longer lives in the municipality in which he or she resided in 1991 shall, as a general rule, be expected to vote, in person or by absentee ballot, in that municipality, provided that the person Is determined to have been registered in that municipality as confirmed by the local election commission and the Provisional

Election Commission. Such a citizen may, however, apply to the

Commission to cast his or her ballot elsewhere. The exercise 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, the return of refugees should already be underway, thus allowing many to participate in person in elections in Bosnia and Herzegovina. The Commission may provide in the electoral rules and regulations for citizens not listed in the 1991 census to vote.

•
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Permanent Election Commission

The Parties agree to create a permanent Election Commission with responsibilities to conduct future elections in Bosnia and

Herzegovina.

Article VI

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

Thresea

For the Republika Srpska

Huckome techt
ANNEX 4

Constitution
ANNEX 4

CONSTITUTION

OF BOSNIA AND HERZEGOVINA

PREAMBLE

Based on respect for human dignity, liberty, and equality,

Dedicated to peace, justice, tolerance, and reconciliation,

Convinced that democratic governmental institutions and fair procedures best produce peaceful relations within a pluralist society,

Desiring to promote the general welfare and economic growth through the protection of private property and the promotion of a market economy,

Guided by the Purposes and Principles of the Charter of the

United Nations,

Committed to the sovereignty, territorial integrity, and political independence of Bosnia and Herzegovina in accordance with international law,

Determined to ensure full respect for international humanitarian law,

Inspired by the Universal Declaration of Human Rights, the

International Covenants on Civil and Political Rights and on

Economic, Social and Cultural Rights, and the Declaration on the

Rights of Persons Belonging to National or Ethnic, Religious and

Linguistic Minorities, as well as other human rights instruments,

Recalling the Basic Principles agreed in Geneva on September 8, 1995, and in New York on September 26, 1995,

Bosniacs, Croats, and Serbs, as constituent peoples (along with

Others), and citizens of Bosnia and Herzegovina hereby determine that the Constitution of Bosnia and Herzegovina is as follows:
Article I

Bosnia and Herzegovina

1. Continuation. The Republic of Bosnia and Herzegovina, the official name of which shall henceforth be "Bosnia and

Herzegovina," shall continue its legal existence under international law as a state, with its internal structure modified as provided herein and with its present internationally recognized borders. It shall remain a Member State of the

United Nations and may as Bosnia and Herzegovina maintain or apply for membership in organizations within the United Nations system and other international organizations.

2. Democratic Principles. Bosnia and Herzegovina shall be a democratic state, which shall operate under the rule of law and with free and democratic elections.

3. Composition. Bosnia and Herzegovina shall consist of the two Entities, the Federation of Bosnia and Herzegovina and the

Republika Srpska (hereinafter "the Entities").

4. Movement of Goods, Services. Capital, and Persons.

Herzezovina.

impede full freedom of movement of persons, goods, services, and capital throughout Bosnia and Herzegovina. Neither Entity shall establish controls at the boundary between the Entities.

5. Capital. The capital of Bosnia and Herzegovina shall be

Sarajevo.

6. Symbols. Bosnia and Herzegovina shall have such symbols as are decided by its Parliamentary Assembly and approved by the

Presidency.

7. Citizenship. There shall be a citizenship of Bosnia and

Herzegovina, to be regulated by the Parliamentary Assembly, and a citizenship of each Entity, to be regulated by each Entity, provided that:

(a) All citizens of either Entity are thereby citizens of Bosnia and

Herzegovina.

(b) No person shall be deprived of Bosnia and Herzegovina or

Entity citizenship arbitrarily or so as to leave him or her stateless. No person shall be deprived of Bosnia and

Herzegovina or Entity citizenship on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
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(c) All persons who were citizens of the Republic of Bosnia and

Herzegovina immediately prior to the entry into force of this

Constitution are citizens of Bosnia and Herzegovina.

The citizenship of persons who were naturalized after April 6, 1992 and before the entry into force of this Constitution will be regulated by the Parliamentary Assembly.

(d) Citizens of Bosnia and Herzegovina may hold the citizenship of another state, provided that there is a bilateral agreement, approved by the Parliamentary Assembly in accordance with Article IV(4)(d), between Bosnia and

Herzegovina and that state governing this matter. Persons with dual citizenship may vote in Bosnia and Herzegovina and the

Entities only if Bosnia and Herzegovina is their country of residence.

(e) A citizen of Bosnia and Herzegovina abroad shall enjoy the protection of Bosnia and Herzegovina. Each Entity may issue passports of Bosnia and Herzegovina to its citizens as regulated by the Parliamentary Assembly. Bosnia and

Herzegovina may issue passports to citizens not issued a passport by an Entity. There shall be a central register of all passports issued by the Entities and by Bosnia and Herzegovina.

Article lI

Human Rights and Fundamental Freedoms

1. Human Rights. Bosnia and Herzegovina and both Entities shall ensure the highest level of internationally recognized human rights and fundamental freedoms. To that end, there shall be a

Human Rights Commission for Bosnia and Herzegovina as provided for in Annex 6 to the General Framework Agreement.

2. International Standards. The rights and freedoms set forth in the European Convention for the Protection of Human

Rights and Fundamental Freedoms and its Protocols shall apply directly in Bosnia and Herzegovina. These shail have priority over all other law.

3. Enumeration of Rights. All persons within the territory of

Bosnia and Herzegovina shall enjoy the human rights and fundamental freedoms referred to in paragraph 2 above; these include:

(a) The right to life.

(b) The right not to be subjected to torture or to inhuman or degrading treatment or punishment.
(c) The right not to be held in slavery or servitude or to perform forced or compulsory labor.

(d) The rights to liberty and security of person.

(e) The right to a fair hearing in civil and criminal matters, and other rights relating to criminal proceedings.

(1) The right to private and family life, home, and correspondence.

(g) Freedom of thought, conscience, and religion.

(h) Freedom of expression.

・

(i) Freedom of peaceful assembly and freedom of association with others.

(i) The right to marry and to found a family.

(k) The right to property.

(1) The right to education.

(m) The right to liberty of movement and residence.

4. Non-Discrimination. The enjoyment of the rights and freedoms provided for in this Article or in the international agreements listed in Annex I to this Constitution shall be secured to all persons in Bosnia and Herzegovina without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

5. Refugees and Displaced Persons. All refugees and displaced persons have the right freely to return to their homes of origin. They have the right, in accordance with Annex 7 to the

General Framework Agreement, to have restored to them property of which they were deprived in the course of hostilities since 1991 and to be compensated for any such property that cannot be restored to them. Any commitments or statements relating to such property made under duress are null and void.

6. Implementation. Bosnia and Herzegovina, and all courts, agencies, governmental organs, and instrumentalities operated by or within the Entities, shall apply and conform to the human rights and fundamental freedoms referred to in paragraph 2 above.

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7. International Agreements. Bosnia and Herzegovina shall remain or become party to the international agreements listed in

Annex I to this Constitution.

8. Cooperation. All competent authorities in Bosnia and

Herzegovina shali cooperate with and provide unrestricted access to:

any international human rights monitoring mechanisms established for Bosnia and Herzegovina; the supervisory bodies established by any of the international agreements listed in

Annex I to this Constitution; the International Tribunal for the

Former Yugoslavia (and in particular shall comply with orders issued pursuant to Article 29 of the Statute of the Tribunal);

and any other organization authorized by the United Nations

Security Council with a mandate concerning human rights or humanitarian law.

Article III

Responsibilities ef and Relations Between

Ihe Institutions of Bosnia and Herzegovina

And the Entities

1. Responsibilities of the Institutions of Bosnia and

Herzegovina. The following matters are the responsibility of the institutions of Bosnia and Herzegovina:

(a) Foreign policy.

(b) Foreign trade policy.

(c) Customs policy.

(d) Monetary policy as provided in Article VII.

(e) Finances of the institutions and for the international obligations of Bosnia and Herzegovina.

(D) Immigration, refugee, and asylum policy and regulation.

(g) International and inter-Entity criminal law enforcement, including relations with Interpol.

(h) Establishment and operation of common and international communications facilities.

(i) Regulation of inter-Entity transportation.

(j) Air traffic control.
2. Responsibilities of the Entities.

(a) The Entities shall have the right to establish special parallel relationships with neighboring states consistent with the sovereignty and territorial integrity of Bosnia and Herzegovina.

(b) Each Entity shall provide all necessary assistance to the government of Bosnia and Herzegovina in order to enable it to honor the international obligations of Bosnia and

Herzegovina, provided that financial obligations incurred by one

Entity without the consent of the other prior to the election of the Parliamentary Assembly and Presidency of

Bosnia and Herzegovina shall be the responsibility of that Entity, except insolar as the obligation is necessary for continuing the membership of Bosnia and Herzegovina in an international organization.

(c) The Entities shall provide a safe and secure environment for all persons in their respective jurisdictions, by maintaining civilian law enforcement agencies operating in accordance with internationally recognized standards and with respect for the internationally recognized human rights and fundamental freedoms referred to in Article Il above, and by taking such other measures as appropriate.

(d) Each Entity may also enter into agreements with states and international organizations with the consent of the Parliamentary

Assembly. The Parliamentary Assembly may provide by law that certain types of agreements do not require such consent.

3. Law and Responsibilities of the Entities and the

Institutions.

(a) All governmental functions and powers not expressly assigned in this Constitution to the institutions of Bosnia and

Herzegovina shall be those of the Entities.

(b) The Entities and any subdivisions thereof shall comply fully with this Constitution, which supersedes inconsistent provisions of the law of Bosnia and Herzegovina and of the constitutions and law of the Entities, and with the decisions of the institutions of Bosnia and Herzegovina. The general principles of international law shall be an integral part of the law of Bosnia and Herzegovina and the Entities.

4. Coordination. The Presidency may decide to facilitate inter-Entity coordination on matters not within the responsibilities of Bosnia and Herzegovina as provided in this

Constitution, unless an Entity objects in any particular case.
5. Additional Responsibilities.

(a) Bosnia and Herzegovina shall assume responsibility for such other matters as are agreed by the Entities; are provided for in Annexes 5 through 8 to the General Framework

Agreement; or are necessary to preserve the sovereignty, territorial integrity, political independence, and international personality of Bosnia and Herzegovina, in accordance with the division of responsibilities between the institutions of Bosnia and Herzegovina. Additional institutions may be established as necessary to carry out such responsibilities.

(b) Within six months of the entry into force of this Constitution, the Entities shall begin negotiations with a view to including in the responsibilities of the institutions of Bosnia and Herzegovina other matters, including utilization of energy resources and cooperative economic projects.

Article IV

Parliamentary Assembly

The Parliamentary Assembly shall have two chambers: the

House of Peoples and the House of Representatives.

1. House of Peoples. The House of Peoples shall comprise 15 Delegates, two-thirds from the Federation (including five

Croats and five Bosniacs) and one-third from the Republika

Srpska (five Serbs).

(a) The designated Croat and Bosniac Delegates from the

Federation shall be selected, respectively, by the Croat and Bosniac

Delegates to the House of Peoples of the Federation. Delegates from the Republika Srpska shall be selected by the National Assembly of the Republika Srpska.

(b) Nine members of the House of Peoples shall comprise a quorum, provided that at least three Bosniac, three Croat, and three Serb Delegates are present.

2. House of Representatives. The House of Representatives shall comprise 42 Members, two-thirds elected from the territory of the Federation, one-third from the territory of the Republika Srpska.

(a) Members of the House of Representatives shall be directly elected from their Entity in accordance with an election law to be adopted by the Parliamentary Assembly. The first election, however, shall take place in accordance with

Annex 3 to the General Framework Agreement.
(b) A majority of all members elected to the House of

Representatives shall comprise a quorum.

3. Procedures.

(a) Each chamber shall be convened in Sarajevo not more than 30 days after its selection or election.

(b) Each chamber shall by majority vote adopt its internal rules and select from its members one Serb, one Bosniac, and one

Croat to serve as its Chair and Deputy Chairs, with the position of Chair rotating among the three persons selected.

(c) All legislation shall require the approval of both chambers.

(d) All decisions in both chambers shall be by majority of those present and voting. The Delegates and Members shall make their best efforts to see that the majority includes at least one-third of the votes of Delegates or Members from the territory of each Entity. If a majority vote does not include one-third of the votes of Delegates or Members from the territory of each Entity, the Chair and Deputy Chairs shall meet as a commission and attempt to obtain approval within three days of the vote. If those efforts fail, decisions shall be taken by a majority of those present and voting, provided that the dissenting votes do not include two-thirds or more of the Delegates or Members elected from either Entity.

(e) A proposed decision of the Parliamentary Assembly may be declared to be destructive of a vital interest of the Bosniac,

Croat, or Serb people by a majority of, as appropriate, the

Bosniac, Croat, or Serb Delegates selected in accordance with paragraph 1(a) above. Such a proposed decision shall require for approval in the House of Peoples a majority of the Bosniac, of the Croat, and of the Serb Delegates present and voting.

(f) When a majority of the Bosniac, of the Croat, or of the Serb

Delegates objects to the invocation of paragraph (e), the Chair of the House of Peoples shall immediately convene a Joint

Commission comprising three Delegates, one each selected by the Bosniac, by the Croat, and by the Serb Delegates, to resolve the issue. If the Commission fails to do so within five days, the matter will be referred to the Constitutional Court, which shall in an expedited process review it for procedural regularity.

(g) The House of Peoples may be dissolved by the Presidency or by the House itself, provided that the House's decision to dissolve is approved by a majority that includes the
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majority of Delegates from at least two of the Bosniac,

Croat, or Serb peoples. The House of Peoples elected in the first elections after the entry into force of this

Constitution may not, however, be dissolved.

(h) Decisions of the Parliamentary Assembly shall not take effect before publication.

(i) Both chambers shall publish a complete record of their deliberations and shall, save in exceptional circumstances in accordance with their rules, deliberate publicly.

) Delegates and Members shall not be held criminally or civilly liable for any acts carried out within the scope of their duties in the Parliamentary Assembly.

4. Powers. The Parliamentary Assembly shall have responsibility for:

(a) Enacting legislation as necessary to implement decisions of the Presidency or to carry our the responsibilities of the

Assembly under this Constitution.

(b) Deciding upon the sources and amounts of revenues for the operations of the institutions of Bosnia and Herzegovina and international obligations of Bosnia and Herzegovina.

(c) Approving a budget for the institutions of Bosnia and

Herzegovina.

(d) Deciding whether to consent to the ratification of treaties.

(e) Such other matters as are necessary to carry out its duties or as are assigned to it by mutual agreement of the Entities.

Article Y

Presidency

The Presidency of Bosnia and Herzegovina shall consist of three Members: one Bosniac and one Croat, each directly elected from the territory of the Federation, and one Serb directly elected from the territory of the Republika Srpska.

1. Election and Term.

(a) Members of the Presidency shall be directly elected in each Entity (with each voter voting to fill one seat on the

Presidency) in accordance with an election law adopted by the Parliamentary Assembly. The first election, however,
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shall take place in accordance with Annex 3 to the General

Framework Agreement. Any vacancy in the Presidency shall be filled from the relevant Entity in accordance with a law to be adopted by the Parliamentary Assembly.

(b) The term of the Members of the Presidency elected in the first election shall be two years; the term of Members subsequently elected shall be four years. Members shall be eligible to succeed themselves once and shall thereafter be ineligible for four years.

2. Procedures.

(a) The Presidency shall determine its own rules of procedure, which shall provide for adequate notice of all meetings of the Presidency.

(b) The Members of the Presidency shall appoint from their

Members a Chair. For the first term of the Presidency, the

Chair shall be the Member who received the highest number of votes. Thereafter, the method of selecting the Chair, by rotation or otherwise, shall be determined by the Parliamentary

Assembly, subject to Article IV(3).

(c) The Presidency shall endeavor to adopt all Presidency

Decisions (Le. those concerning matters arising under

Article III (1)(a) - (e)) by consensus. Such decisions may, subject to paragraph (d) below, nevertheless be adopted by two Members when all efforts to reach consensus have failed.

(d) A dissenting Member of the Presidency may declare a

Presidency Decision to be destructive of a vital interest of the

Entity from the territory from which he was elected, provided that he does so within three days of its adoption.

Such a Decision shall be referred immediately to the

National Assembly of the Republika Srpska, if the declaration was made by the Member from that territory; to the Bosniac Delegates of the House of Peoples of the

Federation, if the declaration was made by the Bosniac

Member; or to the Croat Delegates of that body, if the declaration was made by the Croat Member. It the declaration is confirmed by a two-thirds vote of persons within ten days of the referral, the challenged Presidency

Decision shall not take effect.

3. Powers. The Presidency shall have responsibility for:

(a) Conducting the foreign policy of Bosnia and Herzegovina.

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(b) Appointing ambassadors and other international representatives of Bosnia and Herzegovina, no more than two-thirds of whom may be selected from the territory of the

Federation.

(C) Representing Bosnia and Herzegovina in international and

European organizations and institutions and seeking membership in such organizations and institutions of which Bosnia and

Herzegovina is not a member.

(d) Negotiating, denouncing, and, with the consent of the

Parliamentary Assembly, ratifying treaties of Bosnia and

Herzegovina.

(e) Executing decisions of the Parliamentary Assembly.

(f) Proposing, upon the recommendation of the Council of

Ministers, an annual budget to the Parliamentary Assembly.

(g) Reporting as requested, but not less than annually, to the

Parliamentary Assembly on expenditures by the Presidency.

(h) Coordinating as necessary with international and nongovernmental organizations in Bosnia and Herzegovina.

(i) Performing such other functions as may be necessary to carry out its duties, as may be assigned to it by the Parliamentary

Assembly, or as may be agreed by the Entities.

4. Council of Ministers. The Presidency shall nominate the

Chair of the Council of Ministers, who shall take office upon the approval of the House of Representatives. The Chair shall nominate a Foreign Minister, a Minister for Foreign Trade, and other Ministers as may be appropriate, who shall take office upon the approval of the House of Representatives.

(a) Together the Chair and the Ministers shall constitute the

Council of Ministers, with responsibility for carrying out the policies and decisions of Bosnia and Herzegovina in the fields referred to in Article III(1), (4), and (5) and reporting to the Parliamentary Assembly (including, at least annually, on expenditures by Bosnia and Herzegovina).

(b) No more than two-thirds of all Ministers may be appointed from the territory of the Federation. The Chair shall also nominate Deputy Ministers (who shall not be of the same constituent people as their Ministers), who shall take office upon the approval of the House of Representatives.
(C) The Council of Ministers shall resign if at any time there is a vote of no-confidence by the Parliamentary Assembly.

5. Standing Committee.

(a) Each member of the Presidency shall, by virtue of the office, have civilian command authority over armed forces.

Neither Entity shall threaten or use force against the other

Entity, and under no circumstances shall any armed forces of either Entity enter into or stay within the territory of the other Entity without the consent of the government of the latter.

and of the Presidency of Bosnia and Herzegovina. All armed forces in Bosnia and Herzegovina shall operate consistently with the sovereignty and territorial integrity of

Bosnia and Herzegovina.

(b) The members of the Presidency shall select a Standing

Committee on Military Matters to coordinare the activities of armed forces in Bosnia and Herzegovina. The Members of the

Presidency shall be members of the Standing Committee.

Article VI

Constitutional Court

1. Composition. The Constitutional Court of Bosnia and

Herzegovina shall have nine members.

(a) Four members shall be selected by the House of

Representatives of the Federation, and two members by the

Assembly of the Republika Srpska. The remaining three members shall be selected by the President of the European

Court of Human Rights after consultation with the Presidency.

(b) Judges shall be distinguished jurists of high moral standing. Any eligible voter so qualified may serve as a judge of the Constitutional Court. The judges selected by the

President of the European Court of Human Rights shall not be citizens of Bosnia and Herzegovina or of any neighboring state.

(c) The term of judges initially appointed shall be five years, unless they resign or are removed for cause by consensus of the other judges. Judges initially appointed shall not be eligible for reappointment. Judges subsequently appointed shall serve until age 70, unless they resign or are removed for cause by consensus of the other judges.
(d) For appointments made more than five years after the initial appointment of judges, the Parliamentary Assembly may provide by law for a different method of selection of the three judges selected by the President of the European

Court of Human Rights.

2. Procedures.

(a) A majority of all members of the Court shall constitute a quorum.

(b) The Court shall adopt its own rules of court by a majority of all members. It shall hold public proceedings and shall issue reasons for its decisions, which shall be published.

3. Jurisdiction. The Constitutional Court shall uphold this

Constitution.

(a) The Constitutional Court shall have exclusive jurisdiction to decide any dispute that arises under this

Constitution between the Entities or between Bosnia and

Herzegovina and an Entity or Entities, or between institutions of Bosnia and Herzegovina, including but not limited to:

- Whether an Entity's decision to establish a special parallel relationship with a neighboring state is consistent with this

Constitution, including provisions concerning the sovereignty and territorial integrity of Bosnia and Herzegovina.

-. Whether any provision of an Entity's constitution or law is consistent with this Constitution.

Disputes may be referred only by a member of the Presidency, by the Chair of the Council of Ministers, by the Chair or a

Deputy Chair of either chamber of the Parliamentary Assembly, by one-fourth of the members of either chamber of the

Parliamentary Assembly, or by one-fourth of either chamber of a legislature of an Entity.

(b) The Constitutional Court shall also have appellate jurisdiction over issues under this Constitution arising out of a judgment of any other court in Bosnia and Herzegovina.

(c) The Constitutional Court shall have jurisdiction over issues referred by any court in Bosnia and Herzegovina concerning whether a law, on whose validity its decision depends, is compatible with this Constitution, with the European Convention for Human Rights and Fundamental Freedoms and its Protocols, or with the laws of Bosnia and
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Herzegovina; or concerning the existence of or the scope of a general rule of public international law pertinent to the court's decision.

4. Decisions. Decisions of the Constitutional Court shall be final and binding.

Article VII

Central Bank

There shall be a Central Bank of Bosnia and Herzegovina, which shall be the sole authority for issuing currency and for monetary policy throughout Bosnia and Herzegovina.

1. The Central Bank's responsibilities will be determined by the Parliamentary Assembly. For the first six years after the entry into force of this Constitution, however, it may not extend credit by creating money, operating in this respect as a currency board; thereafter, the Parliamentary Assembly may give it that authority.

2. The first Governing Board of the Central Bank shall consist of a Governor appointed by the International Monetary

Fund, after consultation with the Presidency, and three members appointed by the Presidency, two from the Federation (one

Bosniac, one Croat, who shall share one vote) and one from the

Republika Srpska, all of whom shall serve a six-year term. The

Governor, who shall not be a citizen of Bosnia and Herzegovina or any neighboring state, may cast tie-breaking votes on the

Governing Board

3. Thereafter, the Governing Board of the Central Bank of

Bosnia and Herzegovina shall consist of five persons appointed by the Presidency for a tern of six years. The Board shall appoint, from among its members, a Governor for a term of six years.

Article VIII

Finances

1. The Parliamentary Assembly shall each year, on the proposal of the Presidency, adopt a budget covering the expenditures required to carry out the responsibilities of the institutions of Bosnia and Herzegovina and the international obligations of Bosnia and Herzegovina.

2. If no such budget is adopted in due time, the budget for the previous year shall be used on a provisional basis.

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3. The Federation shall provide two-thirds, and the

Republika Srpska one-third, of the revenues required by the budget, except insofar as revenues are raised as specified by the Parliamentary

Assembly.

Article IX

General Provisions

1. No person who is serving a sentence imposed by the

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

2. Compensation for persons holding office in the institutions of

Bosnia and Herzegovina may not be diminished during an officeholder's tenure.

3. Officials appointed to positions in the institutions of

Bosnia and Herzegovina shall be generally representative of the peoples of Bosnia and Herzegovina.

Article X

Amendment

1. Amendment Procedure. This Constitution may be amended by a decision of the Parliamentary Assembly, including a two-thirds majority of those present and voting in the House of Representatives.

2. Human Rights and Fundamental Freedoms. No amendment to this Constitution may eliminate or diminish any of the rights and freedoms referred to in Article II of this Constitution or alter the present paragraph.

Article XI

Transitional Arrangements

Transitional arrangements concerning public offices, law, and other matters are set forth in Annex II to this Constitution.
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Article XII

Entry into Force

1. This Constitution shall enter into force upon signature of the General Framework Agreement as a constitutional act amending and superseding the Constitution of the Republic of Bosnia and Herzegovina.

2. Within three months from the entry into force of this

Constitution, the Entities shall amend their respective constitutions to ensure their conformity with this Constitution in accordance with Article III(3)(b).
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ADDITIONAL HUMAN RIGHTS AGREEMENTS TO BE

APPLIED IN BOSNIA AND HERZEGOVINA

2.

vi 6.

7.

8.

oi 10.

11.

12.

13.

14.

15.

1948 Convention on the Prevention and Punishment of the Crime of Genocide 1949 Geneva Conventions I-IV on the Protection of the

Victims of War, and the 1977 Geneva Protocols I-II 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 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 1992 European Charter for Regional or Minority

Languages 1994 Framework Convention for the Protection of

National Minorities
= 18=

Annex II

TRANSITIONAL ARRANGEMENTS

1. Loint Interim Commission.

(a) The Parties hereby establish a Joint Interim Commission with a mandate to discuss practical questions related to the implementation of the Constitution of Bosnia and Herzegovina and of the General Framework Agreement and its Annexes, and to make recommendations and proposals.

(b) The Joint Interim Commission shall be composed of four persons from the Federation, three persons from the Republika Srpska, and one representative of Bosnia and Herzegovina.

(c) Meetings of the Commission shall be chaired by the High

Representative or his or designee.

2. Continuation of Laws.

All laws, regulations, and judicial rules of procedure in effect within the territory of Bosnia and Herzegovina when the

Constitution enters into force shall remain in effect to the extent not inconsistent with the Constitution, until otherwise determined by a competent governmental body of Bosnia and

Herzegovina.

3. Judicial and Administrative Proceedings.

All proceedings in courts or administrative agencies functioning within the territory of Bosnia and Herzegovina when the Constitution enters into force shall continue in or be transferred to other courts or agencies in Bosnia and

Herzegovina in accordance with any legislation governing the competence of such courts or agencies.

4. Offices.

Until superseded by applicable agreement or law, governmental offices, institutions, and other bodies of Bosnia and Herzegovina will operate in accordance with applicable law.
5. Treaties.

Any treaty ratified by the Republic of Bosnia and

Herzegovina between January 1, 1992 and the entry into force of this Constitution shall be disclosed to Members of the

Presidency within 15 days of their assuming office; any such treaty not disclosed shall be denounced. Within six months after the Parliamentary Assembly is first convened, at the request of any member of the Presidency, the Parliamentary

Assembly shall consider whether to denounce any other such treaty.
DECLARATION ON BEHALF OF THE REPUBLIC OF BOSNIA

AND HERZEGOVINA

The Republic of Bosnia and Herzegovina approves the

Constitution of Bosnia and Herzegovina at Annex 4 to the General

Framework Agreement.

For the Republic of

Bosnia and Herzegovina
DECLARATION ON BEHALF OF THE FEDERATION OF BOSNIA

AND HERZEGOVINA

The Federation of Bosnia and Herzegovina, on behalf of its constituent peoples and citizens, approves the Constitution of Bosnia and Herzegovina at Annex 4 to the General Framework Agreement.

For the Federation of

Bosnia and Herzegovina
DECLARATION ON BEHALF OF THE REPUBLIKA SRPSKA

The Republika Sroska approves the Constitution of Bosnia and

Herzegovina at Annex 4 to the General Framework Agreement.

For the

Republika Srpska

Homone Kikt
ANNEX 5

Arbitration
ANNEXS

AGREEMENT ON ARBITRATION

The Federation of Bosnia and Herzegovina and the Republika

Srpska agree to honor the following obligations as set forth in the

Agreed Basic Principles adopted at Geneva on September 8, 1995, by the Republic of Bosnia and Herzegovina, the Republic of Croatia, and the Federal Republic of Yugoslavia, the latter representing also the Republika Srpska:

Paragraph 2.4. "The two entities will enter into reciprocal commitments... (c) to engage in binding arbitration to resolve disputes between them."

Paragraph 3. "The entities have agreed in principle to the following: ... 3.5 The design and implementation of a system of arbitration for the solution of disputes between the two entities."

For the Federation of

Bosnia and Herzegovina

For the Republika Srpska

Humore Kett
ANNEX 6

이트

Human Rights
ANNEX 6

AGREEMENT ON HUMAN RIGHTS

The Republic of Bosnia and Herzegovina, the Federation of

Bosnia and Herzegovina and the Republika Sipska (the "Parties") have agreed as follows:

CHAPTER ONE: RESPECT FOR HUMAN RIGHIS

Article I

Eundamental Riehts 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.
=F

(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, anguage, religion, political or other opinion, national o iocial 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 (b)

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,

C
- 3 -

where such violation is alleged or appears to have been committed y the Parties, including by any official or organ of the arties. Cantons. Municipalities, or any individual acting under tt 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 conceming 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

Ezcilities. 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 Federation 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.
- 4 -

the Commision maye for tane to reins proprietro any governmental, international, or non-governmental organization.

Part B: HUMAN RIGHIS OMBUDSMAN

Article IV

Human Rights Ombudsman

1. The Parties hereby establish the Office of the Human

Rights Ombudsman (the "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 fo choosing his or her own staff. Until the transfer describec in Article XTV below, the Ombudsman may not be a citizen of

Bosnia and Herzegovina or of any neighboring state. The

Ombudsman appointed after that transfer shail be appointed by the

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 to 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 otticial. Inose 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

Powers

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 govern, nt eumen acolesat by providiman 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.
Part C: HUMAN RIGHTS CHAMBER

Article VII

Human Rights Chamber

1. The Human Rights Chamber shall be composed of fourteen members.

2. Within 90 days after this Agreement enters into force, the

appoint the remaining members, who shall not be citizens of

Bosnia and Herzegovina or any neighboring state, and shall

• All members of the Chamber shall possess th ualifications required for appointment to high judicial offic 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 XTV below shall be appointed by the Presidency of Bosnia and Herzegovina.

Article VIII

Jurisdiction of the Chamber

on behalf of an applicant, or directly from any Party or person, non-governmental organization, or group of individuals claiming

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 lemonstrated 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 1s warranted.

3. 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

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.
2. If the Chamber succeeds in effecting such a resolution, it shall publish a Report and forward it to the High

percention oil in bales per wheresa for Chamber

Article X

Proceedings before the Chamber

I. The Chamber shall develop fair and effective procedure for the adjudication of applications. Such procedures shall provide for appropriate written pleadings and, on the decision of the

witnesses and evidence.

2. The Chamber shall normally sit in panels of seven, composed of two members from the Federation, one from the

Republika Sroska, and four who are not citizens of Bosnia and

Herzegovina or any neighboring state. When an application is

Chamber so decides. References in this Annex to the Chamber shall include, as appropriate, the Panel, except that the power to develop general rules, regulations and procedures is vested only in the Chamber as a whole.

3. Except in exceptional circumstances in accordance with its rules, hearings of the Chamber shall be held in public.

informati the, amies underate to provide l eleaber.
- 9=

Article XI

Decisions

1. Following the conclusion of the proceedings, the

Chamber shall promptly issue a decision, which 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 a tie, the 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

Bules and Regulations

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 Rights

1. The Parties shall promote and encourage the activities of non-govemmental 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 o 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 ssignment of observers, rapporteurs, or other relevant persons on ermanent or mission-by-mission basis and to provide ther 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

4. All competent authorities in Bosnia and Herzegovina shall cooperate with and provide unrestricted access to the organizations established in this Agreement; any international humar 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 esponsibility for the continued operation of the Commission sha ransfer from the Parties to the institutions of Bosnia an

Herzegovina, unless the Parties otherwise agree. In the latte case, the Commission shall continue to operate as provided above
- 11 - Article XV

Notice

The Parties shall give 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

Thos

For the Federation of

Bosnia and Herzegekina

For the Republika Srpska
1.

2.

- 12 - APPENDIX

HUMAN RIGHTS AGREEMENTS

1948 Convention on the Prevention and Punishment of the Crime of Genocide 1949 Geneva Conventions I-IV on the Protection of the

Victims of War, and the 1977 Geneva Protocols I-1I

4.

1951 Convention relating to the Status of Refugees and the 1966 Protocol thereto 5.

6.

7.

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 8.

1966 International Covenant on Civil and Political Rights and the 1966 and 1989 Optional Protocols thereto 9.

10.

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 Punishmen 12.

And unan Derain Temper in of Torture 13.

14.

1989 Convention on the Rights of the Child 990 Convention on the Protection of the Rights of A ligrant Workers and Members of Their Familie 15.

1992 European Charter for Regional or Minority Languages

16. 1994 Framework Convention for the Protection of national

Minorities
ANNEX 7

Refugees and

Displaced Persons
→

ANNEX Z

AGREEMENT ON REFUGEES AND DISPLACED PERSONS

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 Refugees 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 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.

o demonstrate their commitment to securing full respect for th luman rights and fundamental freedoms of all persons withi heir iurisdiction and creating without delay condition uitable for return of refugees and displaced persons, th

Parties shall take immediately the following confidence building measures:
(a)

(b)

(c)

(d)

(e)

=2-

the repeal of domestic legislation and administrative practices with discriminatory intent or effect;

the prevention and prompt suppression of any written o 'erbal incitement, through media or otherwise, o ethnic or religious hostility or hatred;

the dissemination, through the media, of warnings against, and the prompt suppression of, acts of etribution by military, paramilitary, and police ervices, and by other public officials or privat individuals;

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;

the prosecution, dismissal or transfer, as appropriate, 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 formation necessary for refugees and displaced persons to mak aformed judgments about local conditions for retun

5. 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, peacefu orderly and phased return of refugees and displaced persons which may include priorities for certain areas and certain

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.

Ine 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 111

Cooperation with International Organizations and Intemational Monitoring

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 implementation of the provisions of this Chapter.

3. The Parties shall provide for the security of all personnel of such organizations.
- 4 - Article IV

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

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

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

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.
- 5- 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.

Article IX

Composition

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, twa 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.
- 6 =

2. The salaries and expenses of the Commission and its staff shall be determined jointly by the Parties and shall be bome equally by the Parties.

The Commission may receive assistance from internation perise aling itin the mandate of the Commi go in term 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

Article XII

Proceedings before the Commission

the lavit on recite roper, the Comei sion sial derain

inspection, evaluation and assessment related to consideration

2. Any person requesting the return of property who is found by the Commission to be the lawful owner of that property
- 7 -

shall be awarded its retum. Any person requesting compensation in lieu of return who is found by the Commission to be the law ful 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 lawtul 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 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 the

Commission shall not prevent the Commission from making its decision.

Article XIII

Use of Vacant Property

The Parties, after notification to the Commission and in ersons in vacant property, subject to final determination o wnership by the Commission and to such temporary leas provisions as it may require.

Article XIV

Refugees and Displaced Persons Property Fund

1. A Refugees and Displaced Persons Property Fund (the "Fund") shall be established in the Central Bank of Bosnia and lerzegovina to be administered by the Commission. The Fun shall be replenished through the purchase, sale, lease and mortgage of real property which is the subject of claims before

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.

Atticle XV

Rules and Regulations

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.
- 9- 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.

For the Republic of

Bosnia and Herzegovina

ther

For the Federation of

Bosnia and Herzegovina

For the Republika Srpska

Humore thaht
ANNEX 8

Commission to Preserve

National Monuments
ANNEX 8

AGREEMENT ON COMMISSION TO PRESERVE NATIONAL

MONUMENTS

The Republic of Bosnia and Herzegovina, the Federation of

Bosnia and Herzegovina and the Republika Sroska (the "Parties")

have agreed as follows:

Article I

Establishment of the Commission

The Parties hereby establish an independent Commission to

Preserve National Monuments (the "Commission"). The

Commission shall have its headquarters in Sarajevo and may have offices at other locations as it deems appropriate.

Article I

Composition

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 =

Members appointed after the transfer described in Article

IX below shall be appoined by the Presidency of Bosnia and

Herzegovina.

Article III

Eacilities, Staff and Expenses

1. The Commission shall have appropriate facilities and a

2. The salaries and expenses of the Commission and its staf hall be determined jointly by the Entities and shall be borne equall by them.

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 heir 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 ethni mportance as National Monuments

Article V

Proceedings before the Commissien

1. Any Party, or any concerned person in Bosnia and

(a)

(b)

the specific location of the property;

its current owner and condition;
-3 =

(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 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

Elizibility

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 Regulations

The Commission shall promulgate such rules and regulations.

consistent with this Agreement, as may be necessary to carry out it functions.

Article VIII

Cooperation

Officials and organs of the Parties and their Cantons and

Article IX

Transfer

：，

Five years after this Agreement enters into force, the

Article X

Notice

The Parties shall give effective notice of the terms of this

Agreement throughout Bosnia and Herzegovina.
-5-

Article XI

Entry into Force

This Agreement shall enter into force upon signature.

For the Republic of Bosnia and Herzegovina

For the Federation of

For the Republika Srpska

Bosnia and Herzegovina

Freefore Innone Keht
ANNEX 9

Bosnia and Herzegovina

Public Corporations
ANNEXE

AGREEMENT ON ESTABLISHMENT OF

BOSNIA AND HERZEGOVINA PUBLIC CORPORATIONS

Bearing in mind that reconstruction of the

infrastructure and the functioning of transportation and other acilities are important for the economic resurgence of Bosni and Herzegovina, and for the smooth functioning of its institutions and the organizations involved in implementation of the peace settlement, the Federation of Bosnia and Herzegovina and the Republika Srpska (the "Parties") have agreed as follows:

Article I

Commission on Public Corporations

1. The Parties hereby establish a Commission on Public

Corporations (the "Commission") 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, 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 with the specific economic, political and legal characteristics of Bosnia and Herzegovina and be of high recognized moral standing. Recognizing that the Commission will benefit from international expertise, the Parties request the President of the

European Bank for Reconstruction and Development to appoint the remaining two Members and to designate one as the Chairman.

3. The Commission shall in particular examine the appropriate internal structure for such Corporations, the conditions necessary to ensure their successful, permanent operation, and the best means of procuring long-term investment capital.
- 2 - Article II

Establishment ef 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 plans that it 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.
- 3 - 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 involved 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.

Article 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

Bosnia and erzegovina jesumpter

For the Republika Srpska
ANNEX

AE

Civilian Implementation
ANNEX 10

AGREEMENT ON CIVILIAN IMPLEMENTATION

OF THE PEACE SETTLEMENT

The Republic of Bosnia and Herzegovina, the Republic of Croatia, the Federal Republic of Yugoslavia, the Federation of Bosnia and

Herzegovina, and the Republika Srpska (the "Parties") have agreed

Article I

High Representative

1. The Parties agree that the implementation of the civilian 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 of respect for human rights and the return of displaced persons and refugees; and the holding of free and fair elections according to the timetable in Annex 3 to the General Framework

Agreement. A considerable number of international organizations 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 consistent 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.
- 2 - Article II

Mandate and Methods of Coordination and Liaison

1. 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 judges necessary, 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.

(t) Report periodically on progress in implementation of the 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.

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 FOR and shall not in any way interfere in the conduct of military operations or the IFOR chain of command.

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 agrements.
-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.

4. 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 in

Article IX of the General Framework Agreement.

Article V

Einal 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

athenet

For the Republic of Croatia

For the Federal

Republic of

Yugoslavia la leuterie

For the Federation of

Bosnia and Herzegovina

For the Republika Srpska

Aukona Kalt
ANNEX 11

XE

International

Police Task Force
ANNEX 11

AGREEMENT ON

INTERNATIONAL POLICE TASK FORCE

The Republic of Bosnia and Herzegovina, the Federation of

Bosnia and Herzegovina, and the Republika Srpska (the "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 shail 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 (IPTE) 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 IPIE

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 be 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
= 2 =

personnel, resources, and assistance from states and international 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 I, as well as meetings of their subordinate commissions. The IPTF Commissioner may request that meetings of 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

IPTE Assistance Program

1. IPTF assistance includes the following elements, to be rovided in a program designed and implemented by the IPTI

Commissioner in accordance with the Security Council decisio 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.

(D) 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 set forth in paragraph 1, the IPTF will consider, consistent with its responsibilities and resources, requests from the Parties or law 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- Artiste 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 oi 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 VIL

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

Kurora Kwetti
ide - Letters
DELEGACIJI SR JUGOSLAVIJE

Predsedniku Slobodanu Miloševicu, Sefu delegacije SR Jugoslavije

DEJTON, OHAJO

Poštovani gospodine Predsedniče,

Obracamo Vam se u vezi mirovnog sporazuma i dokumenata koji treba da budu parafirani na kraju mirovnih pregovora u Ohaju. S obzirom da se, u nizu dokumenata, koji su pripremijeni za usvajanje, zahteva da SR Jugoslavija bude garant obaveza koje je AS preuzela u miravnom procesu, molim Vas da, u ime SRu, preuzmete ulogu garanta da de Republika Sipska ispuniti sve preuzete obaveze.

:

:

Delegacija Republike Srpske:

- Momöilo Krajishik

Incore

• Nikąle Koljevi

- Aleksa Buha

U Dejtonu, 20. novembra

1995.
•

TRANSLATION

THE DELEGATION OF THE FR OF YUGOSLAVIA

President Slobodan Milosević, Head of the Delegation of the FR of Yugoslavia

Dear Mr. President,

We write to you regarding the Peace Agreement and the documents which are to be initialled at the conclusion of the peace negotiations in Ohio. Since it is requested, in a number of documents prepared for adoption, that the FR of Yugoslavia be the guarantor of the obligations taken by the RS in the peace process, we kindly ask you to assume, on behalf of the FRY, the role of the guarantor that the Republika Sipska shall fulfil all the obligations it took

The Delegation of the Republika Srpska:

Momčilo Krajišnik

Nikola Koljevide

Aleksa Buha

Dayton, november 20, 1995
REPUBLIC OF CROATIA

MINISTRY OF FOREIGN AFFAIRS

MINISTER

Dayton, November 21, 1995

The Honorable

Klaus Kinkel

Federal Minister for Foreign Affairs

Bonn

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

Republic of Croatia has endorsed both of these Agreements.

On behalf of the Republic of Croatia, I wish to assure you that the Republic of Croatia shall take all necessary steps, consistent with the sovereignty, territorial integrity and political independence of Bosnia and Herzegovina, to ensure that personnel or organizations in Bosnia and

Herzegovina which are under its control or with which it has influence fully respects and comply with the provisions of the aforementioned Annexes.

Sincerely,

Mate Granic

41000 ZAGREB, Trg Nikole Subica Zrinskog 7-8 - Phone: (+385 41) 45 11 O2 • Fax: (+385 41) 42 75 94

ト.

:
REPUBLIC OF CROATIA

MINISTRY OF FOREIGN AFFAIrS

MINISTER

Dayton, November 21, 1995

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 I-A and

Annex 2 to the General Framework Agreement for Peace in Bosnia and Herzegovina. The

Republic of Croatia has endorsed both of these Agreements.

On behalf of the Republic of Croatia, I wish to assure you that the Republic of Croatia shall take all necessary steps, consistent with the sovereignty, territonal integnty and political independence of Bosnia and Herzegovina, to ensure that personnel or organizations in Bosnia and

Herzegovina which are under its control or with which it has influence fully respects and comply with the provisions of the aforementioned Annexes.

Sincerely,

Mate Graph

O Clunic

41000 ZAGREB, Trg Nikole Subiéa Zrinskog 7-8 • Phone: (+ 385 41) 45 11 02 • Fax: (+385 41) 42 75 94

・（トー..
REPUBLIC OF CROATIA

MINISTRY OF FOREIGN AFFAIRS

MINISTER

Dayton, November 21, 1995

The Honorable

Andre Kozyrey

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

Republic of Croatia has endorsed both of these Agreements.

On behalf of the Republic of Croatia, I wish to assure you that the Republic of Croatia shall take all necessary steps, consistent with the sovereignty, territonal integnty and political independence of Bosnia and Herzegovina, to ensure that personnel or organizations in Bosnia and

Herzegovina which are under its control or with which it has influence fully respects and comply with the provisions of the aforementioned Annexes.

Sincerely,

Mate Granic

41000 ZAGREB, Trg Nikole Subica Zrinskog 7-8 • Phone: (+385 41) 45 11 02 - Fax: (+385 41) 42 75 94
REPUBLIC OF CROATIA

MInISTrY oF FOREIGN AFFaIRs

MINISTER

Dayton, November 21, 1995

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

Аппех 2 to the General Framework Agreement for Peace in Bosnia and Herzegovina. The

Republic of Croatia has endorsed both of these Agreements.

On behalf of the Republic of Croatia, I wish to assure you that the Republic of Croatia shall take all necessary steps, consistent with the sovereignty, territorial integrity and political independence of Bosnia and Herzegovina, to ensure that personnel or organizations in Bosnia and

Herzegovina which are under its control or with which it has influence fully respects and comply with the provisions of the aforementioned Annexes.

Sincerely,

Mate Granic

41000 ZAGREB, Trg Nikole Subica Zrinskog 7-8 - Phone: (+385 41) 45 11 02 - Fax: (+385 41) 42 75 94
REPUBLIC OF CROATIA

MINIstry oF ForeIGn AFFaIrs

MINISTER

Dayton, November 21, 1995

The Honorable

Warren Christopher

Secretary of State

Washington, D.C.

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 Anne 1-A and

Annex 2 to the General Framework Agreement for Peace in Bosnia and Herzegovina. The

Republic of Croatia has endorsed both of these Agreements.

On behalf of the Republic of Croatia, I wish to assure you that the Republic of Croatia shall take all necessary steps, consistent with the sovereignty, territorial integrity and political independence of Bosnia and Herzegovina, to ensure that personnel or organizations in Bosnia anc

Herzegovina which are under its control or with which it has influence fully respects and comply with the provisions of the aforementioned Annexes.

Sincerely,

Mate Granic

М. Сраміс

41000 ZAGREB, Trg Nikole Subica Zrinskog 7-8 - Phone: (+385 41) 45 11 02 • Fax: (+385 41) 42 75 94
REPUBLIC OF CROATIA

MINISTRY OF FOREIGN AFFAIRS

MINISTER

Dayton, November 21, 1995

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 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 United Nations that, in order to facilitate accomplishment of the mission of the multinational military Implementation Force ("FOR'") 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 Grąni

41000 ZAGREB, Trg Nikole Subica Zrinskog 7-8 - Phone: (+385 41) 45 11 02 • Fax: (+385 41) 42 75 94
REPUBLIC OF CROATIA

MINISTRY OF FOREIGN AFFAIRS

MINISTER

Dayton, November 21, 1995

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

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

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

Sincerely,

Mate Granig

41000 ZAGREB, Trg Nikole Subica Zrinskog 7-8 - Phone: (+385 41) 45 11 02 Fax: (+385 41) 42 75 94
21 November

1995

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 conprehensive 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.

Milan Milutinovic

Minister of Foreign Affairs

Federal Republic of Yugoslavia
ㅜ.

21 November 1995

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

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 of other personnel with military capability.

Sincerely

Milia Mercen

Milan Milutinovic

Minister of Foreign Affairs

Federal Republid of Yugoslavia
САВЕЗНА РЕПУБЛИКА ЛУГОСЛАВИЛА

The Honorable

Klaus Kinkel

Federal Minister for Foreign Affairs

BONN

21 November 1995

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

Spska fully respects and complies with the provisions of the aforementioned Annexes.

la. Meeti

Milutinovic
САВЕЗНА РЕПУБЛИКА ЛУГОСЛАВИЛА

The Honorable

Herve de Charette

Minister for Foreign Affairs

PARIS

21 November 1995

Dear Mr. Minister,

I refer to the Agreement on the Military Aspects of the Peace Settlement and the

Agreement or 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

Sipska fully respects and complies with the provisions of the aforementioned Annexes.

incerely,

Ми. мисте,

Milan Milutinovic

...
САВЕЗНА РЕПУБЛИКА ЛУГОСЛАВИЛА

The Honorable

Andre Kozyrev

Minister for Foreign Affairs

MOSCOW

21 November 1995

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

Sipska fully respects and complies with the provisions of the aforementioned Annexes.

Milan Milutinovic

...-...
САВЕЗНА РЕПУБЛИКА УГОСЛАВИА

The Right Honorable

Malcolm Rifkind, QC MP

21 November 1995

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. 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

Spska fully respects and complies with the provisions of the aforementioned Annexes.

li mutan

Milan Milutinovic
САВЕЗНА РЕПУБЛИКА ЛУГОСЛАВИЛА

The Honorable

Warren Christopher

Secretary of State

WASHINGTON, D.C

21 November 1995

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. The Federal

Republic of Yugoslavia has endorsed both of these Agreements.

On behalt 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

Sraska fully respects and complies with the provisions of the aforementioned Annexes.

li lettin

Milan Milutinovic
REPUBLIC OF CROATIA

MINIsTRy Of FOREIGN AFFAIRS

MINISTER

Dayton, November ZL, 1995

His Excellency

Boutros Boutros-Ghali

Secrecary 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 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 United Nations that, in order to facilitate accomplishment of the mission of the multinational military Implementation Force ("FOR"') referred to in Annex I-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 Graniz

41000 ZAGREB. Trg Nikole Subiéa Zrinskog 7-8 - Phone: (+385 41) 45 I1 O2 - Fax: (+385 41) 42 75 94
T.

REPUBLIC OF CROATTA

MINISTRy oF ForEIGN AFFAIRs

MINISTER

Dayton, November 21, 1995

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 I-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 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

Implementation Force ("IFOR") referred to in Annex 1-A, the Republic of Croatia shall strictl refrain from introducing into or otherwise maintaining in Bosnia and Herzegovina any armed

Sincerely,

Mate Graniz

41000 ZAGREB, Trg Nikole Subića Zrinskog 7-8 • Phone: (+385 41) 45 11 02 - Fax: (+385 41) 42 75 94
21 November

1995

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 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

Federal Republic of Yugoslavia shall strictly refrain fron introducing into or otherwise maintaining in Bosnia and

Herzegovina any armed forces or other personnel with military capability.

Sinterey,

Millen

Milan Milutinovic

Minister of Foreign Affairs

Federal Republic of Yugoslavia
21 November 1995

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 behalt of the Federal Republic Of Yugoslavia, I wish to assure the North Atlantic Treaty Organization that, facilitate accomplishment of the misaion of the multinational military Implementation Force ("IFOR") referred to in Annex I-A, the Federa, 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.

dycereLy

Milan Milutinovic

Minister of Foreign Affairs

Federal Republic of

Yugoslavia
Paris

December 13, 1995

The Honorable

Warren Christopher

Secretary of State

The United States of America

Dear Mr. Secretary:

Upon entry into force of the General Framework Agreement for Peace in Bosnia and

Herzegovina, I will undertake several contidence-building measures to develop ties between

Bosnia and Herzegovina and the Federal Republic of Yugoslavia, to build support for the peace settlement. Toward these important ends, I am pleased to make the following commitments on behalf of the govermnent and people of the Repbulic of Bosnia and Herzegovina.

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.

With technical assistance as offered by the United States, my government will work to establish a direct, secure telephone link betwen the Presidency of Bosnia and Herzegovina and the Presidency of Serbia.

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 schedules.

I undertake to have my government organize a program of high-level visits to Sarajevo and other important sites in Bosnia 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.

My government will take the steps necessa-y 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.

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.

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.

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.

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 government 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 issued a report thereon, to be made available to all interested countries and organizations. My government will cooperate fully with this Commission.

/ President of the Republic

А. Тивід of Bosnia and Herzegovina
Paris

December 13, 1995

The Honorable

Warren Christopher

Secretary of State

The United States of America

Dear Mr. Secretary:

Upon entry into force of the General Framework Agreement for Peace in Bosnia and

Herzegovina, I will undertake several confidence-building measures to develop ties between

Bosnia and Herzegovina and the Federal Republic of Yugoslavia, 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 the Federal Republic of Yugoslavia.

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.

With technical assistance as offered by the United States, my government will work to establish a direct, secure telephone link between the Presidency of Bosnia and Herzegovina and the Presidency of Serbia.

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 schedules.

I undertake to have my government organize a program of high-level visits to Belgrade and other important sites in Yugoslavia for officials and other distinguished persons from Bosnia and Herzegovina. 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.

My government will take the steps necessary to establish a bilateral Commission on

Economic Integration and Infrastructure Development for bilateral cooperation on nationally-anc 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.

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.

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.

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.

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 government 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 issued a report thereon, to be made available to all interested countries and organizations. My government will cooperate fully with this Commission.

Sincerely

Slobodan Milosevid

President of the

Republic of Serbia

'-..，！
Wright-Patterson Air Force Base, Ohio

November 21, 1995

The Honorable

Slobodan Milosevic

President of the

Republic of Serbia

Dear Mr. President:

I refer to che General Framework Agreement for Peace in Bosnia and Herzegovina and in particular its Annex 9 on Public Corporations. My goverment intends to see established passenger and freight rail service on a regular schedule along the rail tine extending through Bosanska Krupa, Bosanska Novi, Bosanska Dubica, and Bosanska

Gradiska in a cooperative arrangement that accords with Article Il ot 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

șo: The Honorable Warren Christopher

Secretary of State of the

United States of America
:

Wright-Patterson Air Force Base, Ohio

November 21, 1995

:

The Honorable

Alija Izetbegovic

President of the Republic of

Bosnia and Herzegovina

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. As head of the joint delegation of the Federal Republic of Yugoslavia and of the Republika Srpska, I state our intention 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. Those governments will support and facilitate as appropriate the functioning of this railroad.

Sincerely,

Ley

Slobodan Milosevic

cc; The Honorable Warren Christopher

Secretary of State of the

United States of Anerica
Paris

December 13, 1995

The Honorable

Klaus Kinkel

Minister of Foreign Affairs

The Federal Republic of Germany

Dear Mr. Minister:

LAs head of the delegation authorized to negotiate and sign the General Framework

Agreement for Peace in Bosnia and Herzegovina and its Annexes on behalf of Republika Srpska, in accordance with the agreement of August 29, 1995, I have the honor to inform you that Dr.

Nikola Kolijevic is authorized to sign the Annexes for Republika Srpska.

Sincerely,

Slobodan Milosevic

President of the

Republic of Serbia
Paris

December 13, 1995

The Honorable

Malcolm Rifkind

Secretary of State for

Foreign and Commonwealth Affairs

The United Kingdom of Great Britian and Northern Ireland

Dear Mr. Secretary:

As head of the delegation authorized to negotiate and sign the General Framework

Agreement for Peace in Bosnia and Herzegovina and its Annexes on behalf of Republika Srpska.

in accordance with the agreement of August 29, 1995, I have the honor to inform you that Dr.

Nikola Kolijevic is authorized to sign the Annexes for Republika Srpska.

Sincerely,

Slobodan Milosevio

President of the

Republic of Serbia
Paris

December 13, 1995

The Honorable

Andre Kozyrev

Minister of Foreign Affairs

Russian Federation

Dear Mr. Minister:

As head of the delegation authorized to negotiate and sign the General Framework

Agreement for Peace in Bosnia and Herzegovina and its Annexes on behalf of Republika Srpska, in accordance with the agreement of August 29, 1995, I have the honor to inform you that Dr.

Nikola Kolijevic is authorized to sign the Annexes for Republika Srpska.

Sincerely

Slobodan Milosevic

President of the

Republic of Serbia
Paris

December 13, 1995

The Honorable

Herve de Charette

Minister of Foreign Affairs

The French Republic

Dear Mr. Minister:

As head of the delegation authorized to negotiate and sign the General Framework

Agreement for Peace in Bosnia and Herzegovina and its Annexes on behalf of Republika Srpska, in accordance with the agreement of August 29, 1995, I have the honor to inform you that Dr.

Nikola Kolijevic is authorized to sign the Annexes for Republika Srpska.

Sincerely,

citruck

President of the

Republic of serbia
Paris

December 13, 1995

The Honorable

Warren Christopher

Secretary of State

The United States of America

Dear Mr. Secretary:

As head of the delegation authorized to negotiate and sign the General Framework

Agreement for Peace in Bosnia and Herzegovina and its Annexes on behalf of Republika Srpska, in accordance with the agreement of August 29, 1995, I have the honor to inform you that Dr

Vikola Koliievic is authorized to sign the Annexes for Republika Srpska.

Republic of Serbia/
Paris

December 14, 1995

The Honorable

Mohammed Sacirbey

Minister of Foreign Affairs of the

Republic of Bosnia and Herzegovina

Dear Mr. Minister:

I have the honor to refer to Article X of the General Framework Agreement for Peace in

Bosnia and Herzegovina, which takes effect today upon signature. Pursuant to Article X, the

Federal Republic of Yugoslavia and Bosnia and Herzegovina recognize each other as sovereign independent States within their international borders. In connection with the further aspects of mutual recognition referred to in Article X, I wish to confirm our agreement that the two governments will immediately begin to discuss the establishment of full diplomatic relations and within sixty days exchange ambassadors and establish embassies.

Sincerely,

Milan Milutinovic

Minister of Foreign Affairs of the

Federal Republic of Yugoslavia
Paris

December 14, 1995

The Honorable

Milan Milutinovic

Minister of Foreign Affairs of the Federal Republic of Yugoslavia

Dear Mr. Minister:

I have the honor to refer to Article X of the General Framework Agreement for Peace in

Bosnia and Herzegovina, which takes effect today upon signature. Pursuant to Article X, the

Federal Republic of Yugoslavia and Bosnia and Herzegovina recognize each other as sovereign independent States within their international borders. In connection with the further aspects of mutual recognition referred to in Article X, I wish to confirm our agreement that the two governments will immediately begin to discuss the establishment of full diplomatic relations and within sixty days exchange ambassadors and establish embassies.

Sincerely,

Mohammed Sacirbey

Minister of Foreign Affairs of the

Republic of Bosnia and Herzegovina
Paris

December 14, 1995

The Honorable

Milan Milutinovic

Minister of Foreign Affairs of the Federal Republic of Yugoslavia

Dear Mr. Minister:

I wish to confirm our agreement that, within sixty days, the two governments will establish normal road, railroad, air and river traflic, including the free movement into and within both countries of their nationals and vehicles in accordance with the procedures applicable to nationals and vehicles of other countries, as well as normal postal, telephone, telex and other telccommunications links between both countries.

I wish also to confirm the commitment of my government to work together with your govemment to strengthen economic and commercial relations in all fields, to preserve and protect the environment, particularly the elimination of pollution in border areas, to facilitate the return and repair of objects of cultural heritage in accordance with international law, and to develop and improve scientific and technical cooperation.

I look forward to such cooperation.

Sincerely,

Mohammed Sacirbey

Minister of Foreign Affairs of the

Republic of Bosnia and Herzegovina
Paris

December 14, 1995

The Honorable

Mohammed Sacirbey

Minister of Foreign Affairs of the

Republic of Bosnia and Herzegovina

Dear Mr. Minister:

I wish to confirm our agrement that, within sixty days, the two governments will establish normal road, railroad, air and river traffic, including the fiee movement into and within both countries of their nationals and vehicles in accordance with the procedures applicable to nationals and vehicles of other countries, as well as normal postal, telephone, telex and other telecommunications links between both countries.

I wish also to confirm the commitment of my government to work together with your government to strengthen economic and commercial relations in all fields, to preserve and protect the environment, particularly the elimination of pollution in border areas, to facilitate the return and repair of objects of cultural heritage in accordance with international law, and to develop and improve scientific and technical cooperation.

Ilook forward to such cooperation

Sincerely,

Milan Milutinovic

Minister of Foreign Affairs of the

Federal Republic of Yugoslavia
Concluding Statement
Concluding Statement by the Participants in the Bosnia Proximity Peace Talke

The Bosnia Proximity Peace Talks were held at wright- Patterson Air Force Base, Ohio, from November 1 to November 20, 1995, under the auspices

of the Contact Group.

During these talks, delegations from the Republic of Bosnia

Herzegovina.

As a result of these constructive and difficuit negotiations, the parties reached agreement on the terma of a

General Framework Agreement and the following Annexes thereto:

Annex 1A:

Military Aspects of the Peace

Settlement

Annex 1B:

Annex 2:

Аппе 3 :

Annex 4:

Regional Stabilization

Inter-Entity Boundary

Elections constitution of Bosnia and

Annex 5:

Annex 6:

Аппех 7:

Annex 8:

Herzegovina

Arbitration

Human Rights

Refugees and Diaplaced Persons

Commission to Preserve National

Monuments

Annex 9:

Bosnia and Herzegovina Public

Corporations

Annex 10:

Civilian Implementation

Annex 11:

International Police Task Force

on November 20, President Izetbegovic, for the Republic ot

Bosnia and Herzegovina, President Tudjman,

for the Republic of

Croatia, President Milosevic, for the Federal Republic of

Yugoslavia and for the Republika Srpska, and President Zubak, fox the Federation of Bosnia and Herzegovina, initialled the

Framework Agreement and its Annexes, thus establishing the

• initialled documents as definitive,

and signifying their consent

to be bound thereby and their conmitment to sign the Framework

Agreement and its Annexes without delay.

The parties agree to reconvene in Paris under the auspices of the Contact Group to sign the Framework Agreement and its

Annexes shoxtly.

As evidence of their common endeavor to bring peace to the region, the participants stress the utmost importance of maintaining the cease-fire, of cooperating with all humanitarian and other organizations in Bosnia and Herzegovina, and of
ensuring the safety and freedom of movement of personnel of such organizations.

In particular, the delegations of the Republic of

Bosnia and Herzegovina, the Republic of Croatia, the Federal

Republic of Yugoslavia (also on behalf of the Republika Srpska), and the Federation of Bosnia and Herzegovina have committed themselves to refrain from any hostile act against or interference with members of United Nations Protection Force, the international force to be deployed in accordance with the General

Framework Agreement, and personnel of humanitarian organizations and agencies.

They specitically conmit themselves to assist in

locating the

French pilots missing in Bosnia and Herzegovina and

ensure their inmediate and safe return.

The participants express their deep appreciation to the

Government and the

people of the United States of America for the

hospitality extended to them throughout the talks.