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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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