Erdut Agreement

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Erdut Agreement
1203976Erdut Agreement

Signed In Erdut, Croatia
And In Zagreb, Croatia
November 12, 1995

Galbraith and Stoltenberg presented this text to the Serbs and to the Croatian Government on November 12, 1995. It closely resembled the Guiding Basic Principles of October 3. At 1:00 PM Serb lead negotiator Milanovic signed the agreement's 14 points at the Yellow House in Erdut. Croatian negotiator Sarinic signed the agreement in Zagreb's Presidential Palace at 5:00 PM that same day. The Parties agree as follows:

1. There shall be a transitional period of 12 months which may be extended at most to another period of the same duration if so requested by one of the parties.

2. The U.N. Security Council is requested to establish a Transitional Administration, which shall govern the Region during the transitional period in the interest of all persons resident in or returning to the Region.

3. The U.N. Security Council is requested to authorize an international force to deploy during the transitional period to maintain peace and security in the Region and otherwise to assist in implementation of this Agreement. The Region shall be demilitarized according to the schedule and procedures determined by the international force. This demilitarization shall be completed not later than 30 days after deployment of the international force and shall include all military forces, weapons, and police, except for the international force and for police operating under the supervision of, or with the consent of, the Transitional Administration.

4. The Transitional Administration shall ensure the possibility for the return of refugees and displaced persons to their homes of origin. All persons who have left the Region or who have come to the Region with previous permanent residence in Croatia shall enjoy the same rights as all other residents of the Region. The Transitional Adrninistration shall also take the steps necessary to reestablish the normal functioning of all public services in the Region without delay.

5. The Transitional Administration shall help to establish and train temporary police forces, to build professionalism among the police and confidence among all ethnic communities.

6. The highest levels of internationally-recognized human rights and fundamental freedoms shall be respected in the Region.

7. All persons have the right to return freely to their place of residence in the Region and to live there in conditions of security. All persons who have let the Region or who have come to the Region with previous permanent residence in Croatia have the right to live in the Region.

8. All persons shall have the right to have restored to them any property that was taken from them by unlawful acts or that they were forced to abandon and to just compensation for property that cannot be restored to them.

9. The right to recover property, to receive compensation for property that cannot be returned, and to receive assistance in reconstruction of damaged property shall be equally available to all persons without regard to ethnicity.

10. Interested countries and organizations are requested to take appropriate steps to promote the accomplishment of the commitments in this Agreement. After the expiration of the transition period and consistent with established practice, the international community shall monitor and report on respect for human rights in the Region on a long term basis.

11. In addition, interested countries and organizations are requested to establish a commission, which will be authorized to monitor the implementation of this Agreement, particularly its human rights and civil rights provisions, to investigate all allegations of violations of this Agreement, and to make appropriate recommendations.

12. Not later than 30 days before the end of the transitional period, elections for all local government bodies, including for municipalities, districts, and counties, as well as the right of the Serbian community to appoint a joint Council of municipalities, shall be organized by the Transitional Administration. International organizations and institutions (e.g., the Organization for Security and Cooperation in Europe, the United Nations) and interested states are requested to oversee the elections.

13. The Government of the Republic of Croatia shall cooperate fully with the Transitional Administration and the international force. During the transitional period, the Croatian Government authorizes the presence of international monitors along the international border of the Region in order to facilitate free movement of persons across existing border crossings.

14. This Agreement shall enter into force upon the adoption by the U.N. Security Council of a resolution responding affirmatively to the requests made in this Agreement.

DONE this Twelfth day of November, 1995.

SIGNED:

Milan Milanovic Head, Serb Negotiating Delegation

Hrvoje Sarinic Head, Croatian Government Delegation

WITNESSED:

Peter W. Galbraith United States Ambassador

Thorvald Stoltenberg United Nations Mediator