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Text of Bosnian agreement

UNITED NATIONS, Sept. 26 -- The following is the text of the agreement reached Tuesday by the foreign ministers of Bosnia- Herzegovina, Croatia and Serbia, and the text of an earlier agreement on new details for a Bosnian peace settlement: AGREED BASIC PRINCIPLES

1. Bosnia and Herzegovina will continue its legal existence with its present borders and continuing international recognition. 2. Bosnia and Herzegovina will consist of two entities, the Federation of Bosnia and Herzegovina as established by the Washington Agreements, and the Republika Srpska (RS). --2.1. The 51-49 parameter of the territorial proposal of the Contact Group is the basis for a settlement. This territorial proposal is open for adjustment by mutual agreement. --2.2 Each entity will continue to exist under its present constitution (amended to accommodate these basic principles). --2.3. Each entity will have the right to establish parallel relationships with neighboring countries, consistent with the sovereignty and territorial integrity of Bosnia and Herzegovina. --2.4. The two entities will enter into reciprocal commitments a) to hold complete elections under international auspices; b) to adopt and adhere to normal international human rights standards and obligations, including the obligation to allow freedom of movement and enable displaced persons to repossess their homes or receive just compensation; c) to engage in binding arbitration to resolve disputes between them. 3. The entities have agreed in principle to the following: --3.1. The appointment of a Commission for Displaced Persons authorized to enforce (with assistance from international entities) the obligations of both entities to enable displaced persons to repossess their homes or receive just compensation.

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--3.2. The establishment of a Bosnia and Herzegovina Human Rights Commission, to enforce the entities' human rights obligations. The two entities will abide by the Commission's decisions. --3.3. The establishment of joint Bosnia and Herzegovina public corporations, financed by the two entities, to own and operate transportation and other facilities for the benefit of both entities. --3.4. The appointment of a Commission to Preserve National Monuments. --3.5. The design and implementation of a system of arbitration for the solution of disputes between the two entities. Geneva, Sept. 8, 1995 FURTHER AGREED BASIC PRINCIPLES

(additional to those issued Sept. 8, 1995, in Geneva) 4. Each of the two entities will honor the international obligations of Bosnia-Herzegovina, so long as the obligation is not a financial obligation incurred by one entity without the consent of the other. 5. It is the goal that free democratic elections be held in both entities as soon as social conditions permit. In order to maximize the democratic effectiveness of such elections, the following steps will be taken by both entities. --5.1. Both governments will immediately pledge their full support, starting immediately, for a) freedom of movement, b) the right of displaced persons to repossess their property or receive just compensation, c) freedom of speech and of the press, and d) protection of all other internationally recognized human rights in order to enhance and empower the democratic election process. --5.2. As soon as possible the OSCE (Organization for the Security and Cooperation in Europe) (or other international organization) will station representatives in all principal towns throughout the Federation and the Republika Srpska in Bosnia and Herzegovina and publish monthly reports as to the degree which a) the obligations listed in all of the Agreed Basic Principles have been fulfilled, and b) social conditions are being restored to a level at which the election process may be effective. --5.3. Within 30 days after the OSCE delegations have concluded that free and democratic elections can be properly held in both entities, the governments of the two entities will conduct free and democratic elections and will fully cooperate with an international monitoring program. 6. Following the elections, the affairs and prerogatives of Bosnia and Herzegovina will be vested in the following institutions, in accordance with all of the Agreed Basic Principles. --6.1. A parliament or assembly, two-thirds of which will be elected from the territory of the Federation, and one-third from the territory of the Republika Srpska. All parliamentary actions will be by majority vote provided that the majority includes at least one-third of the votes from each entity. --6.2. The Presidency, two-thirds of which will be elected from the territory of the Federation, and one-third from the Republika Srpska. All Presidency decisions will be taken by majority vote, provided, however, that if one-third or more of the members disagree with a decision taken by the other members and declare that decision to be destructive of a vital interest of the entity or entities from which the dissenting members were elected, the matter will be referred immediately to the appropriate entity's/entities' parliament. If any such parliament confirms the dissenting position by a two-thirds vote, then the challenged decision will not take effect. --6.3. A cabinet of such ministers as may be appropriate. --6.4. A Constitutional Court with jurisdiction to decide all questions arising under the Constitution of Bosnia and Herzegovina as it will be revised in accordance with all of the Agreed Basic Principles. --6.5 The parties will negotiate in the immediate future as to further aspects of the management and operation of these institutions. --6.6. The foregoing institutions will have responsibility for the foreign policy of Bosnia and Herzegovina. The parties will negotiate further to determine the extent to which these institutions will also have responsibility for other matters consistent with all of the Agreed Basic Principles. New York, Sept. 26, 1995

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FURTHER AGREED BASIC PRINCIPLES

(additional to those issued Sept. 8, 1995, in Geneva) 4. Each of the two entities will honor the international obligations of Bosnia-Herzegovina, so long as the obligation is not a financial obligation incurred by one entity without the consent of the other. 5. It is the goal that free democratic elections be held in both entities as soon as social conditions permit. In order to maximize the democratic effectiveness of suchelections, the following steps will be taken by both entities. --5.1. Both governments will immediately pledge their full support, starting immediately, for a) freedom of movement, b) the right of displaced persons to repossess their property or receive just compensation, c) freedom of speech and of the press, and d) protection of all other internationally recognized human rights in order to enhance and empower the democratic election process. --5.2. As soon as possible the OSCE (Organization for the Security and Cooperation in Europe) (or other international organization) will station representatives in all principal towns throughout the Federation and the Republika Srpska in Bosnia and Herzegovina and publish monthly reports as to the degree which a) the obligations listed in all of the Agreed Basic Principles have been fulfilled, and b) social conditions are being restored to a level at which the election process may be effective. --5.3. Within 30 days after the OSCE delegations have concluded that free and democratic elections can be properly held in both entities, the governments of the two entities will conduct free and democratic elections and will fully cooperate with an international monitoring program. 6. Following the elections, the affairs and prerogatives of Bosnia and Herzegovina will be vested in the following institutions, in accordance with all of the Agreed Basic Principles. --6.1. A parliament or assembly, two-thirds of which will be elected from the territory of the Federation, and one-third from the territory of the Republika Srpska. All parliamentary actions will be by majority vote provided that the majority includes at least one-third of the votes from each entity. --6.2. The Presidency, two-thirds of which will be elected from the territory of the Federation, and one-third from the Republika Srpska. All Presidency decisions will be taken by majority vote, provided, however, that if one-third or more of the members disagree with a decision taken by the other members and declare that decision to be destructive of a vital interest of the entity or entities from which the dissenting members were elected, the matter will be referred immediately to the appropriate entity's/entities' parliament. If any such parliament confirms the dissenting position by a two-thirds vote, then the challenged decision will not take effect. --6.3. A cabinet of such ministers as may be appropriate. --6.4. A Constitutional Court with jurisdiction to decide all questions arising under the Constitution of Bosnia and Herzegovina as it will be revised in accordance with all of the Agreed Basic Principles. --6.5. The parties will negotiate in the immediate future as to further aspects of the management and operation of these institutions. --6.6. The foregoing institutions will have responsibility for the foreign policy of Bosnia and Herzegovina. The parties will negotiate further to determine the extent to which these institutions will also have responsibility for other matters consistent with all of the Agreed Basic Principles. New York, Sept. 26, 1995

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