Enclosure

The undersigned have agreed on the attached Framework Agreement

establishing a Federation in the Areas of the Republic of Bosnia and Herzegovina
with a Majority Bosniac and Croat Population and on the attached Outline of a
Preliminary Agreement for a Confederation between the Republic of Croatia and
the Federation.

They have further agreed to establish a high-level Transitional Committee,

which will take immediate and concrete steps towards the establishment of the
Federation and Confederation. The Committee will begin its work on 4 March 1994
in Vienna and will seek to conclude by 15 March 1994:

(1) The Constitution of the Federation;

(2) The Preliminary Agreement on the Confederation between the Republic of

Croatia and the Proposed Federation;

(3) An agreement concerning military arrangements in the territory of the

proposed Federation;

(4) Transitional measures to expedite the establishment of the

Confederation and Federation, including where possible the creation of
governmental structures as outlined in the Framework Agreement;

and any other measures determined to be necessary.

(Signed) Kresimir ZUBAK (Signed) Haris SILAJDZIC (Signed) Mate GRANIC

 Attachment I

Framework agreement
for
the Federation

I
ESTABLISHMENT
Ouided by the principles of the Charter of the United
Nations, the Universal Declaration of Human Rights and the
Declaration on the Rights of Persons belonging to National,
Ethnic, Religious or Lin9uistic Minorities, the Statement of
Principles by the international conference on the Former
Yugoslavia at its session in London, as well as the decisions
of the United Nations security Council relating to the former
Yugoslavia; and
Based on the soverei9nty and territorial integrity of the
Republic of Bosnia and Herzegovina, the peoples and citi~ens of
Bosnia and Herzegovina. determined to ensure full national
equality, democratic relations, and the highest standards of
human rights and freedoms, hereby create a Federation.
Bosniacs and Croats, as constituent peoples (alonQ with
others) and citizens of the Republic of Bosnia and Herzeqovina,
in the exercise of their sovereign rights, transform the
internal strue~~re of the territories with a majority of
eosniac and C:oa~ population in the Republic of Bosnia and
Herzegovina into a Federa:ion, which is composed of federal
un~ts with equal rights and responsi~ilities .

The decisions on the constitutional status of the

territories of the Repuolic of Bosnia and Herze9ovina with a
majority of Serb population shall be made in the course of
negotiations toward a peaceful settlement and at the
International Confe:ence on the Former Yugoslavia.
 II
DIVISION OF RESPONSIBILITIES
l. The central government to have exclusive responsibility for:
• Foreign affairs.
• National defense: including joint command; joint
military arrangements within the Confederation; and
protection of national borders.
• Citizenship.
• Economic policy, including planning_ and reconstruction.
• Commerce, including customs, international traae and
finance; trade within the Federal Republic;
communications. ·
• Finance: national currency; monetary and fiscal policy;
regulation of financial institutions; joint arrangement!
within the Confederation.
• Combatting international crimes, inter-cantonal crimes,
and others of special interest to the central government
(e.g., terrorism, drug trafficking, and organized crime);
and c~operatinq with Interpol.
•Financing of the central government (taxation, borrowing).
• Radio-television frequency allocation.
• Energy policy and infrastructure, including inter-cantonal
distribution/allocation matters.
2. The central government and the cantons to have
responsibility for:
• Human rights.
• Health.
• Environmental policy.
• Infrastructure for communications a.nd transport.
• Social welfare policy.
• Citizenship, implementation of laws and regulations.
• Immigration and asylum.
• Tourism.
• Use of natural resources.
As appropriate, these responsibilities may be exercised jointly
or separately, or by the cantons as coordinated by the central
government.
3. The cantons shall have all responsibility not expressly
granted to the central gove:nment. They shall have, in
particular, authorily over the following:
• Police (identical Federation uniforms, with cantonal
insignia).
• Education.
• Culture.
• Housing.
• Public services.
•Local land use (zoning}.
•Financing of cantonal governments (taxation, borrowing).
• Local business and charitable activities (regulation,
facilitation).
• Ener9y production (organization of local production
facilitie$}.
• Radio and television.
• Social wel!are services (provision).
• Tourist development.

III
STRUCTURE OF GOVERNMENT
I. CENTRAL GOVE~NMENT

A. Executive Authority
l. The President and Vice-President:
a. The Legislature shall elect one Bosniac and one Croat,
who shall serve alternate one-year terms as President and
Vice-President during a four-year period.
b. The President shall be the head of state.
2. The Government~

a. The Government shall consist of a Prime Minister; a

Oeputy ~rime Minister; and Ministers, each of whom shall
have a Deputy. No Deputy (including the Deputy Prime
Minister) may be from the same constituent people as his
Minister.
b. The President, with the concurrence of the
Vice-President, shall nominate the Government, which shall
be elected by the House of Representatives. No fewer than
one-third of the Ministerial positions shall be occupied by
Croats.
c. The Prime Minister shall be the head of government.
3. The respective competencies of the President and of the
P:i~e Minister and the Government shall be specified in the
Constitution.
4. Decisions of the Government that concern the vital interest
of any of the constituent peoples shall require consensus.

B. The Legislature

l. The Le9islature shall consist of two houses:

a. The House of Representatives, which shall be elected
democratically on a proportional basis in the Federation as
a whole;
b . The House of Peoples, which shall have an equal number
of Eosniac and Croat delegates. Each canton shall be
allocated a number of seats to be occupied by Bosniac
delegates and a num.ber of seats to be occupied by Croat
delegates, in proportion to these two groups in the
Legislature of that canton; the aosniac and C~oat delegates
from each canton are to be elected, respectively, by the
Bosniac and Croat representatives in its Le9islature.
2. Decisions of the Legislature require the approval of both
Houses.

a. Decisions that concern lhe vital interest of any of the

constituent peoples shall require, in the House of Peoples,
the approval of a majority of the Bosniac representatives
and of a majority of the Croat representatives.
b. Amendments of the Constitution shall require in the
House of Peoples the vote specified in (a) above and. in
the House of Representatives, a two-thirds majority.
c . Other decisions shall be taken by.simple majority in
each House.

C. The Judiciary
l. There shall be a Constitutional Court competent to resolve
disputes among the cantons, between any of these and the
Federation, between any municipality and its canton or the
Federation, or between or within any of the organs of the
Federation. The jud;es shall be nominated by the President and
elected by the Le9islature, and shall consist of an equal
number from each o~ the constituent peoples; durin9 a
t=ansitional period of five years, one-third of the judges
shall be appointed by the President of the International Court
of Justice from persons who are not citizens of the Federation.
2. There shall be a Human Rights Court established in
~ccordance with Resolution 93 (6) of the committee of Ministers
of the Council of Europe, whose composition and competence
shall be specified in the Constitution.
3. There shall be a Supreme Court, which shall have selective
appellate jurisdiction from the courts of the cantons and such
jurisdiction as specified in the Constitution and in
legislation. The members of the Court shall be nominated by
the President and elected by the Legislature, and shall consist
of an equal number of judges from each of the constituent
peoples.

II. THE CANTONAL GOVERNMENTS

Each canton shall take all necessary steps to ensure the
protection of the rights and freedoms provided in the
instruments listed in the Annex and shall act consistently with
the Constitution of the Federation.
Each canton shall exercise its responsibilities with due
regard to the population in each municipality. It may delegate
appropriate powers to municipality and should do so wnen the
municipality's majority population is a minority in the canton
as a whole.

A. E:ecutive Authority
1. President: The Cantonal President shall ae elected by a
uni!orm procedure to be specified in the Federation
Constitution and reflected in the constitutions of the cantons.
4. Government: The Cantonal Government shall be nominated by
the Cantonal President and approved by the Cantonal
Le9islature. Each Cantonal Government shall have a composition
re:lecting that of the population of the canton.
3. In exercising its responsibilities in respect to the
cantonal police, the Cantonal Government shall ensure that the
composition of the police shall reflect that of the population
of the canton, provided that the composition of the police of
each municipality shall reflect the composition of the latter.

B. The Legislature
Each canton shall have a Le9islature, which shall be
elected democratically on a proportional basis in the canton as
a whole.
C. The Judiciary

Each canton shall have courts, which shall be competent to

hear appealz from the courts of the municipalities, and have
original jurisdiction over cases not within the competence of
those courts. The judges shall be nominated by the Cantonal
President and elected by the Cantonal L~qislature, in such a
way that the composition of the judiciary as a whole shall
reflect that of the population of the canton.

II!. THE MUNICIPALITY GOVERNMENTS

l. Municipalities shall exercise self-rule on local matters.
2. The Municipality Executive: Each municipality shall have
an Executive elected by its Governing Council.
3. Each municipality shall have a Governin9 Council elected
democratically on a proportional basis.
4. Each municipality shall establish courts, the jurisdiction
of whicn shall be specified by cantonal legislation.

IV
COUNCILS OP CANTONS
Cantons with a Sosniac-majority or a Croat-majority
population may establish Councils of Cantons in order to
coordinate policies and activities on matters of common
interest to their communities and to advise their
representatives in the House of Peoples.

v
HUMAN RIGHTS
The principles set forth below, as well as the rights and
freedoms provided in the instruments listed in the Annex, shall
be applied throughout the territory ~f the Republic of Bosnia
and Herzegovina.
In the Federation:
l. All persons within the territory ot th• Federation shall be
entitled to the highest level of inte~nationally raco9nizad
rights and freedoms provided in the instruments listed in the
Annex.
2. All refugees and displaced persons have the right to freely
ceturn to their homes of origin.
3. All persons shall have the right to have restored to them
any property of which they were deprived in the course of
ethnic cleansing and to be compensated for any property which
cannot be restored to them. All statements or commitments made
under duress, particularly those relating to the relinquishment
of rights to land or property, shall be treated as null and
void.
4. All courts, administrative agencies and other governmental
organs of ~he Federation shall apply and conform to the rights
and freedoms provided in the instruments listed in the Annex.
A Court of Human Rights shall be established; its composition
anc competence shall be set out in the Constitution.
5. The Federation shall cooperate with any international human
:ights monitoring mechanisms established for Bosnia and
Herzeqovina and with the supervisory bodies established by any
of the instruments listed in the Annex.
6. To assist in implementing the rights and freedoms specified
in the Constitution, an Omoudsman shall be appointed by the
CSCE from each recognized group: Bosniacs, Croats, and others.
Each Ombudsman shall have offices throuqhout the Federation as
he deems appropriate and shall have the responsibility to
investigate fully matters concerning security, rights, and
freedoms and to report to competent government agencies,
i~cluding the Prime Minister of the Federation, and to the CSCE.

VI
MILITARY ARRANGEMENTS
Both sides agree to the establishment of a unified military
command of the military of the Federation.
The sides will develop comprehensive transitional
ar:an9ements to that end in the context of a military
a9reement. In the transitional period:
• current command structures will remain in place;
• forces of the sides will disengage from one another
irrunediately, with the aim of withdrawing a safe distance to
be specified in the military agreement; and
• all foreign armed forces, except those present with the
agreement of the Republic of Bosnia and Herzegovina or the
authorization of the U. N. Security Council, will leave the
territory of the Federation.
 VI!
APPROVAL OF THE CONSTITUTION
The Constitution of the Federation will be promulgated by a
Constituent Assemoly, which shall consist of those
representatives elected at the 1990 elections to the Assembly
of the Republic of Bosnia and Herzegovina whose mandate is
still valid. Approval of the Constitution shall require
consensus between the delegation of the Croat people,
comprising all representatives of Croat nationality, and the
delegation of the Bosniac people, comprising all
representatives of Bosniae nationality.

VIII
ARRANGEMENT
DURING THE TRANSITIONAL PERIOD
The two parties agree to establish a high level Committee
which will prepare a draft Constitution of the federation and
coordinate other matters related to the implementation of the
Framework A9reement. The Committee will start its work in
Vienna on March 4, 1994.
Until the Constitution of the Federation enters into force,
the present administrative arrangements will continue in effect
everywhere in the Republic of Bosnia and Herzeqovina, unless
the Committee decides otherwise by consensus and except in the
Mosta: City Municipality, which the two sides aqree will be
gove :ned by an EU Administrator for up to two years.
 ANNEX
HUMAN RTGHTS INSTRUMENTS INCORPORATED
INTO THE CONSTITUTIONAL AGREEMENT

A. General Humap Rights. especially Civil and Pol i t:cal Rights

l. 1948 Convention on the Prevention ~nd Punishment of

the Crime of Genocide
2. 1948 Universal Declaration of Human Rights, Articles
l-21

3. 1949 Geneva Conventions I-IV on the Laws of War, and

the 1977 Geneva Protocols I-II thereto
4. 1950 European Convention for the Protection of Human
Rights and Fundamental Freedoms, and Protocols 1-10
thereto
5. 1951 Convention relating to the Status of Refugees and
the 1966 Protocol thereto

6. 1965 International Convention on the Elimination o~

All Forms of Racial Discrimination
7. 1966 International Covenant on Civil and Political
RiQhts and its 1966 and 1989 Optional Protocols thereto
8. 1979 International Convention on the Elimination of
All Forms of Discrimination aqainst Women
9. 1981 (UN) Declaration on the Elimination of all Forms
of Intolerance and of Discrimination Based on Religion
or Belief
10. 1984 Convention against Torture and Other C:uel,
Inhuman or Degrading Treatment -Or Punishment
ll. 1987 European Convention on the Prevention of Torture
and Inhuman or Oeqrading Treatment or Punishment
12. 1989 Convention on the Rights of the Child
B. Protection Qf Groups and Minorities
13. 1990 Council of Europe Parliamentary Assembly
Recommendation on the Rights ot Minorities, paras.
10-13
14. 1992 (UN) Declaration on the Rights of ?ersons
Belon9in9 to National or Ethnic, Religious and
Linguistic Minorities

C. ;cpnomic, Social and Cultural Rights

15. 1948 Universal Declaration of Human Rights, Articles

22-27
16. 1961 European Social Charter and the Protocol 1 thereto
17. 1966 International Covenant on Economic, Social and
Cultural Rights

O. Citizenship and Nationality

18. 1957 Convention on the Nationality of Married Women

19. 1961 Convention on the Reduction of Statelessness
 Attachment II

OUTLINE Or A
PRELIMINARY AGREEMENT
ON THE PRINCIPLES ANO FOUNDATIONS
~OR THE ESTABLISHMENT Or A CONFEDERATION
BETWEEN
THE REPUBLIC OF CROATIA
AND
THE FEDERATION

It is anticipated that a Confederation will be established

by the Republic ot Croatia (hereinafter ·croatiaH) and the
Federation o! Bosnia and Herzegovina (hereinafter the
·Federation").
The steps toward establishing the Confederation shall be:
(l) A preliminary agreement, to be concluded as soon as
possible; and
(2) A final agreement, to be concluded between Croatia and
the Federation as soon as the latter is established.

I
The establishment of the Confederation shall not change th•
international identity or legal personality of Croatia or of
t~e Federation.

II

The Confederation shall, through the enactment of

requlations and otherwise:
(1) Establish a common market providing for the free
movement of goods, services, and capital; and
 (2) ~acilitate cooperation and the development of common
policies in the following areas:
(i)· transport;
(ii) energy;
(iii) the environment:
(iv) economic policy, including laws and regulations
governing the development of free markets, finance, and
customs; _
(v) the reconstruction of the economy;
(vi) health care;
(vii) culture, science, and education;
(viii) product standar~ization and consumer protection;
(ix) migration, immigration, and asylum;
(x) law enforcement, particularly with re9ard to terrorism,
smuggling, drug abuse, and organized crime.

III

Croatia and the Federation shall as soon as possible enact

internal regulations and conclude agreements under the auspices
of the Confederation ne~essary to establish:
(l) A customs union;
(2) A monetary union; and
(3) Defense arrangements, includin9 the coordination o~
defense policies and the establishment of joint command
staffs in the event a: war or imminent peril to either
Party.
IV
Tha Parties shall conclude as soon as possible agreements
granting the Federation unrestricted access to the Adriatic
through Croatia and 9ranting Croatia unrestricted transit
through Neum, as specified in the attached Annex.
v
In order to coordinate their policies and activities as
provided in this A9reement, the Parties shall constitute a
Confederative Council, in which each Party shall have an equal
number of members. Conclusions of the Council shall require
the approval of a majority of the members from each Party.
The President of the Confederative Council shall be elected
by the Council for a term of one year, alternately from amen;
Che members of eacn Farty.
 Annex I

AGREEMENT BETWEEN THE REPUBLIC OF CROATIA

ANO THE FEDERATION
GRANTING THE FEDERATION ACCESS TO THE .ADRIATIC THROUGH THE
TERRITORY or THE REPUBLIC OF CROATIA

The Repyblic of C:oatia

J.mL
The Eederntign ·

~siderin~ that it is desirable that Federation (hereinafter

the ·Federation•) have assured and unrestricted access to the
Adriatic Sea on the surface and in the air throu9h and over the
territory of the Republic of Croatia (hereinafter "Croatia~),

HEREBY AGREE AS FOLLOWS:

Article 1

(a) Croatia shall lease to the Federation for the duration

cf this Agreement the plot of land within the Port of Ploce,
includin9 the docks and the parts of the harbour pertaining
thereto described in the Annex hereto (hereinafter referred to
as the •Leased Area•) .
(b) Croatia agrees that the Leased Area shall enjoy the
status of a free zone, in which no duties or taxes imposed by
Croatia shall apply.

(a) Croatia shall allow access to and from th• Leased Area:
(i) By ships from the Adriatic Sea, throuqh the
tertitorial waters of Croatia, subject to such
ships complying with any applicable international
regulations;
 (ii} By ships or barqes up the Neretva River up
to the point where that River enters the
territory of the Federation;
(iii) By railroad on the line between Place to
Sarajevo up to the point where that railroad
line enters the territory of the Federation;
(iv) By road between Place-to Sarajevo up to the
point where that road enters the territory
of the federation.

{b) Ships, barges, railroad cars. and trucks and other

road vehicles using the routes referred to in paraqraph (a)
that are marked by an emblem of the Federation shall not be
entered or inspeeted by any publie authority of Croatia.
(c) Limits on the sizes and specifications of the
cnaracteristies of the ships, barges, railroad cars, and trucks
and other road vehicles referred to in paragraph (b) and of th•
volume of traf!ie on the routes referred to in paragraph (a)
may be set by the Joint Commission established in accordance
with Article 4.
(d} Should the limits set in accordance with paragraph (c)
restrict the volume of traffic that the Federation considers it
necessary to maintain, then it may, at its cost and in
accordance with plans approved by the Joint Commission, arrange
for the capacity of the routes referred to in paragraph (a) to
be increased.
{e} With respect to any traffic of persons or goods
carried out pursuant to this Article, all responsibilities for
compliance with international laws and obligations shall be
assumed by the Federation.

Croatia grants to the Federation the right to

authorize any types of aircraft to overfly the territory of
Croatia. including its territorial waters, subject to such
aircraft complyin9 with any applicable international air
traffic regulations.
 Article 4

(a) The Par~ies hereby establish a Joint Conunis3ion to

assist in implementing the present Agreement by:
(i) establishing any rules and stan~ards
required for implementing th• Aqreement, and
in particular Article 2 (c), includin9 for
any construction;
(ii) arrange for any monitoring required to
prevent abuses of the Agreement:
(iii) .. settle, subject to Article 6, any disputes
regarding the interpretation or the
application of the Agreement.
(b) Croatia and the Federation shall appoint three members
each to the Joint Commission and they shall by joint a9reement
appoint tnree more 1nembers, one of whom shall be th• Chairman.
If no agreement ean be reached on one or more ct th• joint
appointments within three months, the Secretary-General ot the
United Nations shall make those appointments at the request of
either party.
{c) The Joint Commission shall adopt its own rules o~
procedure. Its decisions shall require five concurring vot•s.

Article 5

The present Agreement may be supplemented by others

designed to implement the l96S Convention_ on the Transit Trade
of Land-Locked States.

Article 6

Unless otherwise a9reed, any leqal dispute eoncernin9

the interpretation of this A9reement may be submitted by either
Party for a binding decision to the arbitral tri~unal to wnich
both Parties shall appoint one member each, with the Chairman
appointed jointly; should any of the required appointments not
- be made within three months, they may be made by the President
of the International Court of Justice at the request of either
~arty.
 Article 7

This Agreement shall remain in force for a period of

99 years, except as otherwise aqreed by the Parties.

DONE this day of 1994,

in , in three copies, each in English. Croatian and
Bosnian languages, which shall be equally authentic.
 Annex II

AGREEMENT
BETWEEN THE FEDERATION
AND
THE REPUBLIC OF CROATIA
GRANTING CROATIA TRANSIT
THROUGH THE TERRITORY OF THE FEDERATION

The Federation
and
The Republic of Croatia
~..sidering that it is desirable that the Republic of Croatia
(hereinafter "Croatia~) have assured and unrestricted tran5it
through the Municipality of Neum of the Federation,
HEREBY AG~EE AS FOLLOWS:

Article 1
The federation shall allow Croatia unrestricted transit by
road through Neum between the eastern and western borders of
Neum with Croatia.
Article 2

(a) Trucks and other road vehicles using the road referred
to in Article l ~hat are marked by the emblem of Croatia shall
not be entered or inspected by any public authority o~ the
Federation.
(b) Limits on the sizes and specifications of the trucks
and other road vehicles referred to in paragraph (a) and of the
volume of traffic on the road referred to in Article 1 may be
set by the Joint Commission established in accordance with
Article 3.
(c) Should the limits sat in accordance with paragraph (b)
restrict the volume of traffic that Croatia considers it
necessary to maintain, then it may, at its costs and in
accordance with plans approved by the Joint Commission, arran;e
for the capacity of the road referred to in Article l to be
increased.
 (d) With respect to any traffic of persons or goods carried
out pursuant ~o Article l and 2, all responsibilities for
compliance with international laws and obligations shall be
assumed by Croatia.
Article 3
(a) The Parties hereby establish a Joint Commission to
assist in irnplementir1g the present Agreement by:
(i) establishing any rules and standards required for
implementing the Agreement, and in particular Article 2(b),
including for any construction;
(ii) arrange !or any monitorin9 requ~red to prevent abuses
of the Agreement;
(iii) settle, subject to Article 4, any disputes regarding
the interpretation or the application of the Agreement.
(b) The Federation and Croatia shall appoint three members
each to the Joint Commission and they shall by joint agreement
appoint three more members, one of whom shall be Chairman. If
no agreement can be reached on one or more of the joint
appointments within three months, the Secretary-General of the
United Nations shall make those appointments at the request of
either Party.
(c} The Joint Commission shall adopt its own rules of
procedure. Its decisions shall require five concurring votes.
Artjcle 4

Unless otherwise agreed, any legal di~pute concerning the

interpretation of this Aqreement may be su~mitted by either
Party for a bindin9 decision to an arbitral tribunal to which
both Parties shall appoint one member each. with the Chairman
appointed jointly; should any of the required appointments not
be made within three months, they may be made by the President
of the International Court of Justice at the request of either
party.
Article 5

This Agreement shall remain in force for a period of 99

years, except as otherwise agreed by the Parties.

DONE this day of l994,

in three copies, each in the English. Croatian and Bosnian
languages, which shall be equally authentic.