BosNet Digest / Jan. 10, 1996

From: Nermin Zukic <[email protected]>

Bosnia-Herzegovina News Directory

CONTENTS

[01] OVERVIEW OF THE DAYTON PEACE ACCORDS (End Notes) (Part III)

(1) This paper's use of the terms "Republic of Bosnia and Herzegovina" (RBH) and "Bosnia and Herzegovina" (BH) reflects their corresponding usage in the Accords. It should be noted, however, that under the Accords, BH is to be the legal continuation of the RBH.

(2) In official and public statements, NATO officials and the Clinton Administration have repeatedly and explicitly stated that IFOR's activities would be limited to these domains.

(3) Serbia-Montenegro.

(4) Unless otherwise specified, heavy weapons are to be defined as tanks, armored vehicles, artillery 75 millimeter (mm) calibre and above, mortars 81 mm and above, and anti-aircraft artillery 20 mm and above.

(5) U.N. Security Council Resolution 1021 (November 22, 1995) provides for the gradual termination of the arms embargo imposed in 1991 on the since defunct Socialist Federal Republic of Yugoslavia (SFRY). Ninety days after the signing of the Accords, all provisions of the arms embargo aside from those prohibiting the import of heavy weapons and arms (as defined above), mines, military aircraft, and helicopters, are to terminate. After 180 days, the embargo is to be terminated outright.

U.N. Security Council Resolution 1022 (November 22, 1995) provided for a more rapid termination of economic sanctions against the FRY and the RS. The resolution immediately suspended sanctions against the FRY. Sanctions against the RS are to be suspended upon certification by IFOR that Bosnian Serb forces have withdrawn to their designated side of the ZS (see "Military Provisions" below). If the High Representative (see footnote 8) or IFOR reports that either the FRY or RS are "failing significantly to meet their obligations" under the Accords, the suspension of sanctions is to be terminated within five days, unless the Security Council decides otherwise. Sanctions are to be terminated outright ten days after the first elections are held in BH, provided that Bosnian Serb forces "have withdrawn from, and continue to respect," the ZS.

(6) Also known as the "Brcko corridor" or "Posavina corridor."

(7) Unless otherwise indicated, all schedules and deadlines included in this paper refer to the date of the signing of the Accords (December 14, 1995). Where specifically indicated, certain military schedules and deadlines refer to the date of the Transfer of Authority from UNPROFOR to IFOR (December 20, 1995).

(8) Annex 10 of the Accords provides that a "High Representative" is to be appointed consistent with relevant U.N. Security Council resolutions to facilitate and coordinate the implementation of non-military provisions of the Accords. The High Representative is, inter alia, to monitor the implementation of the Accords, coordinate the activities of non-military agencies and organizations to ensure the efficient implementation of non-military provisions of the Accords, and report periodically on progress in implementation of the Accords to the U.N., European Union (EU), U.S., Russia, and "other interested governments, parties, and organizations." The High Representative is to respect the autonomy of agencies and organizations within their spheres of operation "while as necessary giving general guidance."

On December 8-9, 1995, representatives of more than fifty states and international organizations met in London to plan for implementation of the non-military provisions of the Accords. Conference participants appointed EU mediator for the former Yugoslavia and former Swedish Prime Minister Carl Bildt as High Representative.

(9) U.N. Security Council Resolution 1031 (December 15, 1995) authorized IFOR to replace UNPROFOR in Bosnia. The transfer of authority from UNPROFOR to IFOR occurred December 20, 1995. While anticipating that the IFOR mission will last for one year, the resolution provides for the extension of its mandate. It authorizes, but does not oblige, U.N.-member states to take "all necessary measures" to assist IFOR in carrying out its mission. Upon transfer of UNPROFOR's authority to IFOR, the Security Council's "safe areas" resolutions, as well as all other previous resolutions authorizing the use of force in the RBH, were terminated. The resolution does not assign IFOR specific duties related to the U.N. War Crimes Tribunal.

(10) The NAC may establish additional duties and responsibilities for IFOR.

(11) Roadblocks, checkpoints, or other impediments to IFOR freedom of movement would constitute a violation of the Accords and be cause for military action by IFOR.

(12) The UNCRO mandate is scheduled to expire January 15, 1996. The UNPROFOR mandate terminated with the transfer of authority from UNPROFOR to IFOR (December 20, 1995). It was previously due to require renewal or expire January 31, 1996.

(13) Unlike existing routes between Gorazde and Sarajevo, the new road is to lie entirely in FBH territory (see "Territorial Provisions" below).

(14) Also within 30 days of the signing of the Accords, the Parties are to commence negotiations on an agreement establishing voluntary limits on military manpower. The Accords do not set a deadline for concluding these negotiations.

(15) On November 12, the Croatian government and representatives of the Serbian forces occupying eastern Slavonia signed an accord to return the region to Croatian control. The accord calls for the U.N. Security Council to establish a "Transitional Administration," backed by international forces, to govern the region for one year. The transition period may be extended to two years at the request of either party. The region is to be demilitarized within 30 days of the deployment of international forces. The right of ethnic Serb citizens of Croatia to continue to live in the region is to be guaranteed. The approximately 100,000 ethnic Hungarians and Croats who survived Serbian purges in 1991 are to be allowed to return to their homes or receive compensation.

(16) The Accords do not specify how Sarajevo is to be organized or administered.

(17) "Bosniac" is not defined in the Constitution, but, in common usage, generally refers solely to Muslim citizens of Bosnia and Herzegovina.

(18) There are at least three recognizable armed forces in BH: the Bosnian Army, the Bosnian Croat forces (HVO), and the Bosnian Serb forces.

(19) Under this provision, an ethnic bloc constituting only 20% of the House of Peoples could veto the enactment of legislation by the central government.

(20) The HP elected in the first elections after the signing of the Accords may not be dissolved.

(21) The Accords do not call for an election to be held for the FBH Presidency, which, under the terms of the FBH Constitution of March 18, 1994, is appointed by the FBH legislature.

(22) This deal appears to have been limited to the specific issue described above. On December 1, 1995, Croatian President Franjo Tudjman stated that Croatia had agreed "not to oppose the continuity of this Yugoslavia [i.e., Serbia-Montenegro] being linked with that of the former Yugoslavia, however, not in terms of its being the sole successor to the SFRY." (See: Embassy of Croatia Bulletin, Washington D.C., December 8, 1995.) Sole succession, however, was not the issue being negotiated in Dayton. After the Dayton agreement, Bosnia, Croatia, Macedonia, and Slovenia agreed to meet to discuss efforts to prevent Belgrade from seizing approximately $60 billion in assets of the SFRY.

(23) In public statements, President Tudjman has downplayed the significance of the talks on both issues, but has not denied either set of negotiations. On December 1, 1995, he stated that "no accord of any kind on cession [of Prevlaka] has been foreseen, permitted, and least of all concluded," thereby suggesting that he may be backing away from the proposed exchange of territory. (See: Embassy of Croatia Bulletin, Washington D.C., December 8, 1995.)

The Balkan Institute P.O. Box 27974, Washington, D.C. 20038-7974 TEL (202) 737-5219 FAX (202) 737-1940 E-MAIL [email protected]

[02] KEY DATES & DEADLINES - DAYTON ACCORDS

Key Dates and Deadlines Related to the Dayton Peace Accords (Signed December 14, 1995, in Paris)

December 17, 1995:
Armed forces(1) in Bosnia and Herzegovina(2) (BH) are to have shut down all air defense systems. They are not to reactivate them unless authorized by the NATO-led Implementation Force (IFOR).

December 21:
The Republic of Bosnia and Herzegovina (RBH), Federation of Bosnia and Herzegovina (FBH), Republika Srpska (RS), Croatia, and the Federal Republic of Yugoslavia(3) (FRY) are to have commenced negotiations under the auspices of the Organization for Security and Cooperation in Europe (OSCE) to agree upon "a series of measures to enhance mutual confidence and reduce the risk of conflict," including restrictions on military deployments and movements, reintroduction of foreign forces, identification and monitoring of weapons production capabilities, and mechanisms for the exchange of various types of military information. The objective of these negotiations is to conclude an agreement by January 28, 1996.

December 27:
Armed forces in BH are to have vacated selected positions along the Sarajevo Agreed Cease-Fire Line as instructed by IFOR.

January 4, 1996:
The RBH, FBH, and RS are to have provided the International Committee of the Red Cross (ICRC), the Joint Military Commission, the High Representative, and (as applicable) the RBH, FBH, and RS with complete lists of all military prisoners and civilians held in relation to the conflict.

January 13:
Armed forces and personnel not of local origin regardless of their relationship to the RBH, FBH, or RS are to have withdrawn from BH with their equipment.

The RBH, FBH, RS, Croatia, and the FRY are to have commenced negotiations under the auspices of the OSCE on an agreement to establish numerical limits on holdings of tanks, artillery, armored combat vehicles, combat aircraft, and attack helicopters. These parties are also to have reported their holdings in these categories. If an agreement is not reached by June 11, the Accords impose an arms control and reduction regime as outlined below.

The RBH, FBH, RS, Croatia, and the FRY are to have commenced negotiations on an agreement establishing voluntary limits on military manpower. No deadline is set for concluding these negotiations.

The RBH, FBH, and RS are to have provided the U.N. International Police Task Force (IPTF) with information on the size, location, and force structure of their law enforcement agencies, as well as further information as requested by IPTF.

January 19:
The RBH, FBH, and RS are to have disarmed and disbanded all armed civilian groups other than authorized police forces.

Armed forces in BH are to have withdrawn all forces to their designated side of the Zone of Separation (ZS).

The RBH, FBH, and RS are to have removed or destroyed all mines, ordnance, explosives, and barbed wire from the ZS and areas from which forces were withdrawn or as otherwise required by IFOR, unless the deadline is extended by IFOR.

The RBH, FBH, and RS are to have marked the position of all mines, ordnance, and explosives within BH. Also, in addition to other information requested by IFOR, they are to have provided the Joint Military Commission with comprehensive information on forces, weapons, mines, ordnance, explosives, military infrastructure, and barriers that are within 10 kilometers of the Agreed Cease-Fire Line and inter-Entity(4) boundaries; air defense weapons and all associated systems throughout BH; and mines, ordnance, explosives, weapons, and all other military equipment throughout BH that cannot be destroyed or dismantled. The RBH, FBH, and RS are to have released and transferred according to such a plan as may be developed by the ICRC all military prisoners and civilians held in relation to the conflict.

IFOR is authorized but not obliged to provide security in territories to be transferred between the Entities.

January 28:
The RBH, FBH, RS, Croatia, and FRY are to have reached agreement upon "a series of measures to enhance mutual confidence and reduce the risk of conflict," including restrictions on military deployments and movements, reintroduction of foreign forces, identification and monitoring of weapons production capabilities, and mechanisms for the exchange of various types of military information.

February 3:
Armed forces in BH are to have vacated and cleared territory where inter-Entity boundaries do not correspond with the ZS.

March 13:
The RBH, FBH, RS, Croatia, and the FRY may import arms other than heavy weapons, ammunition for such weapons, mines, military aircraft, and helicopters. If these parties conclude an arms control and reduction agreement prior to this date, they may at that time import arms as provided in such an agreement.

A Commission for Displaced Persons and Refugees, consisting of four representatives appointed by the FBH, two by the RS, and three by the European Court on Human Rights, is to have been established to handle property claims by returnees.

March 19:
Armed forces in BH may occupy territories transferred to their respective Entities, unless IFOR extends the date. After this occupation has occurred, IFOR is to establish a new ZS to correspond with the inter-Entity boundaries.

April 18:
Armed forces in BH are to have withdrawn all heavy weapons and forces to locations designated by IFOR. They are to demobilize forces that cannot be accommodated in these locations.

The RBH, FBH, and RS are, in addition to other information requested by IFOR, to have provided the Joint Military Commission with comprehensive information on forces, weapons, military infrastructure, and barriers throughout BH.

June 11:
The RBH, FBH, RS, Croatia, and the FRY may import heavy weapons, ammunition for such weapons, mines, military aircraft, and helicopters. If these parties conclude an arms control and reduction agreement prior to this date, they may at that time import arms as provided in such an agreement.

If the RBH, FBH, RS, Croatia, and FRY have failed to reach an agreement to establish numerical limits on holdings of tanks, artillery, armored combat vehicles, combat aircraft, and attack helicopters, an arms control regime is to be imposed. With the FRY's weapons holdings as a "baseline," the following limits on holdings in these categories are to apply, according to a ratio of 5:2:2 for the FRY, Croatia, and BH, respectively: the limits of the FRY are to be 75% of the baseline; the limits of Croatia are to be 30% of the baseline; the limits of BH are to be 30% of the baseline; and the allocations for BH are to be divided between the FBH and the RS according to a ratio of 2:1, respectively.

June 14:
The FBH and RS are to have each appointed an arbitrator to determine the disposition of the "Brcko area" (also known as the "Brcko corridor" or "Posavina corridor"). Within 30 days after these appointments, they are to agree to a third arbitrator, or the International Court of Justice is to appoint one. Arbitration talks will thereafter commence.

BH-wide elections may be held at the discretion of the OSCE before September 14.

September 14:
BH-wide elections are to have been held.

December 14:
The Brcko arbitration decision is to have been handed down.

(2) This paper's use of the terms "Republic of Bosnia and Herzegovina" (RBH) and "Bosnia and Herzegovina" (BH) reflects their corresponding usage in the Accords. It should be noted, however, that under the Accords, BH is to be the legal continuation of the RBH.

(3) Serbia-Montenegro.

(4) BH is to be comprised of two "Entities," the FBH and the RS.

P.O. Box 27974, Washington, D.C. 20038-7974
TEL (202) 737-5219
FAX (202) 737-1940
E-MAIL [email protected]

[03] Even after Dayton agreement, the Serb nationalists continue murdering Sarajevo civilians.

After a lull of several weeks, horror returned to the streets of Bosnia's capital Sarajevo Tuesday. A grenade fired from a Serb-held district smashed into the streetcar in the late afternoon as it ferried home shoppers and city workers.

At least six other passengers, including a seven-year-old, were wounded in the attack which triggered a heavy firefight between French troops and the assailants. By then, NATO -- now facing the toughest test of its three- week Bosnia peace mission -- will also be expected to have some answers.

Bosnian Foreign Minister Muhamed Sacirbey called on the alliance to repond quickly and forcefully or the Dayton peace accords that ended Bosnia's 31/2 year war would also soon be another casualty.

``The Serb shelling of the Sarajevo tram this evening is a heinous crime against civilians, a direct challenge to the Dayton Peace agreement and a serious affront to IFOR (NATO's Implementation Force),'' he said.

[04] President Clinton going to Bosnia only to visit the US troops.

White House spokesman Mike McCurry declined to give details of the visit or the order in which Clinton will stop in each country. The trip has been shrouded in secrecy because of fears someone might try to attack the president.

``The purpose of the trip is to see the U.S. troops who have been doing a very fine job helping the parties ensure compliance with the peace agreement,'' McCurry told reporters. ``The president is confident he will be protected,'' he said.

Clinton will be accompanied by his top national security advisers and a small congressional delegation, McCurry said.

[05] The local forces remove mines on the confrontation lines near Tuzla.

Nearly a month after a peace treaty was signed, the U.S. Army sent columns of armored American vehicles to escort commanders from both sides into enemy territory to oversee the removal of mines and gun positions.

When they arrived at designated meeting points near this Serbian-controlled town along the front line, American soldiers stood close by with heavy machineguns, grenade launchers and automatic weapons, aimed over their heads.

``It's the only way we can do these things without it breaking out into a firefight and an investigation afterward into who started it,'' said U.S. Army Capt. John Lightner as he watched two uneasy Serb and six nervous Bosnian officers tell American engineers about mines they laid before.

The NATO-led 60,000-member peacekeeping force arriving in Bosnia to enforce a fragile peace agreement has demanded that all factions immediately start removing the millions of anti- tank and anti-personnel explosives that cover the country.