ANNEX 11
Agreement on International Police 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
- As provided in Article
III(2)(c) of the Constitution agreed as Annex 4
to the General Framework Agreement, the Parties 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 internationally
recognized human rights and fundamental freedoms, and by taking such other
measures as appropriate.
- 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 (IPTF) 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 IPTF
- 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.
- 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
personnel, resources, and assistance from states and international and
nongovernmental organizations.
- The IPTF Commissioner shall receive guidance from the High Representative.
- 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.
- 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.
- 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.
- 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.
- 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 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.
Article III: IPTF Assistance Program
- IPTF assistance includes the following elements, to be provided in a
program designed and implemented by the IPTF Commissioner in accordance with
the Security Council decision described in Article I(2):
- monitoring, observing, and inspecting law enforcement activities and
facilities, including associated judicial organizations, structures, and
proceedings;
- advising law enforcement personnel and forces;
- training law enforcement personnel;
- facilitating, within the IPTF' s mission of assistance, the Parties' law
enforcement activities;
- assessing threats to public order and advising on the capability of law
enforcement agencies to deal with such threats.
- advising governmental authorities in Bosnia and Herzegovina on the
organization of effective civilian law enforcement agencies; and
- assisting by accompanying the Parties' law enforcement personnel as they
carry out their responsibilities, as the IPTF deems appropriate.
- 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.
- 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.
Article IV: Specific Responsibilities of the Parties
- The Parties shall cooperate fully with the IPTF and shall so instruct all
their law enforcement agencies.
- 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 of the IPTF Commissioner, they shall provide additional
information, including any training, operational, or employment and service
records of law enforcement agencies and personnel.
- 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.
- 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.
- 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
- 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.
- 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 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
- 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.
- 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.
Article VIII: 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
Office of the High Representative
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