15.08.1996

Agreed measures – Geneva, 15/8/96

Agreed measures

Considering that the success of the Dayton peace process depends upon having a strong Federation in place as the cornerstone of a unified Bosnia and Herzegovina, the Federation Forum agreed on July 31, 1996 that in the short time remaining before the national elections urgent action is required to complete the establishment of Federation institutions and structures.

It is agreed, therefore, to implement immediately the necessary steps to dissolve the Croat Republic of Herceg-Bosna institutions1 and to merge those functions into the appropriate ministries of the Federation. In addition, it is agreed that, simultaneously, the appropriate functions of Bosnia and Herzegovina will be merged with Federation institutions in accordance with the Dayton Agreement, related annexes, and the Constitutions of Bosnia and Herzegovina and the Federation of Bosnia and Herzegovina. It is further agreed that:

  • Effective August 31, 1996, those functions and institutions of the government of Bosnia and Herzegovina that are not within the authority provided by the Constitution of Bosnia and Herzegovina will be transferred to the Federation or dissolved, as appropriate.
  • Effective August 31, 1996, in accordance with the Dayton General Framework Agreement and the Federation Agreement of November 10, 1995, the Administrative Arrangements in the territory of the Federation under HVO control will cease to exist. The dismantling of its specific institutions will proceed in accordance with the Annex I to these Agreed Measures.

In fulfillment of the agreement and in order to implement fully

  • the General Framework Agreement for Peace in Bosnia and Herzegovina,
  • the Constitution of Bosnia and Herzegovina,
  • the Constitution of the Federation of Bosnia and Herzegovina,
  • the Federation agreement of November 10, 1995,
  • and subsequent commitments made in Rome, Geneva, Sarajevo, Petersberg, and at the Federation Forum,

the undersigned have agreed that:

  1. The Government and institutions of the Federation should have all authority, staffing, competence, and resources needed to carry out their responsibilities under the Constitution of Bosnia and Herzegovina and the Federation Constitution.
  2. The Institutions of Bosnia and Herzegovina established by the Constitution of Bosnia and Herzegovina should have only the authority, staffing, competence, and resources needed to carry out their responsibilities, consistent with the Constitution of Bosnia and Herzegovina.
  3. Offices, institutions, and other bodies of authorities other than the Federation have continued to operate in the territory of the Federation, pursuant to Annex II(4) of the Constitution of Bosnia and Herzegovina and Article IX(6) of the Constitution of the Federation of Bosnia and Herzegovina.
  4. These offices, institutions, and other bodies have contributed to the maintenance of governmental functions in the territory of the Federation. It is agreed that they should be dissolved, because they duplicate functions and competencies of the Federation in violation of the July 31 Federation Forum Statement
  5. Accordingly, as provided in Annex I:
    • Offices, institutions, and other bodies of the central government, other than those necessary to the responsibilities of the institutions of Bosnia and Herzegovina under the Constitution of Bosnia and Herzegovina (Annex IV to the General Framework Agreement), will cease to exist.
    • Offices, institutions, and other bodies operational under the Administrative Arrangements in the territory of the Federation under HVO control, will cease to exist.
  6. In order to promote the effective functioning of the Federation and to provide for the employment of persons now employed by the offices, institutions, and other bodies that will cease to exist:
    • The Prime Minister of Bosnia and Herzegovina will ensure that authority, qualified staffing, competence, and resources are transferred from the central government of Bosnia and Herzegovina to the appropriate counterpart in the Federation, in accordance with all applicable rules and regulations.
    • The President of the Federation will ensure that authority, qualified staffing, competence, and resources are transferred from the authorities operating under the Administrative Arrangements in the Territory of the Federation under HVO control to the appropriate counterpart in the Federation, in accordance with Federal rules and regulations.
    • The President and Vice President of the Federation, along with the Prime Minister of the central government, will ensure that all public enterprises operating on the territory of the Federation will be transferred to the respective cantonal and/or Federation public enterprises (pursuant to legislation to be enacted by September 15, 1996 on establishment of Federation-level public enterprises) or the respective corporations of Bosnia and Herzegovina in accordance with Annex IX of the General Framework Agreement.
  7. The actions called for in paragraphs 5 and 6 will take place in accordance with the schedule in Annex I.
  8. To promote the rapid integration of these offices, institutions, and other bodies into the Federation institutions and structures, the President and Vice President of the Federation, with the active co-operation of the Prime Minister of the central government, will:
    • Immediately issue Federation identification to all personnel upon their transfer to the Federation. Once issued, such identification will be the only governmental identification used by such personnel. This will include the name of the state (Bosnia and Herzegovina), entity, and appropriate canton or municipality name.
    • Ensure that every office, institution, or other public body uses only Federation insignia, seals, or other official designations once it is transferred to the Federation, at the latest by September 15, 1996.
  9. It is agreed that the Supreme Court of the Federation should be convened as soon as possible, not later than September 1, 1996
  10. The governments of Bosnia and Herzegovina and of the Federation, assisted by the U.S. Embassy in Sarajevo and the Office of the High Representative, will immediately form a Special Group that will continue consideration of those areas in which competencies of the Federation and the central government have not been clearly defined by the Constitutions of Bosnia and Herzegovina and of the Federation. Details of this Special Group are provided in Annex II.
  11. Legislation agreed to at the May 14, 1996 Blair House Federation Forum and introduced at the Federation Assembly will be passed immediately to constitute the Federation Implementation Council. The Implementation Council will also be responsible for overseeing and verifying implementation of this agreement. In the interim, the regulations as outlined under paragraph 10 above shall apply.
  12. The sides will continue intensive negotiations in order to, by September 1, 1996 reach agreement in accordance with necessary legal procedures on the insignia of the Federation, on the organisation of Sarajevo and questions regarding other cantons, and on the administrative and territorial organisation of the Federation.
For the Federation: For Bosnia and Herzegovina:
President Kresimir Zubak

Vice President Ejup Ganic

Prime Minister Hasan Muratovic
  1. These governmental institutions refer to the Administrative Arrangements in the territory of the Federation under HVO control.

Office of the High Representative