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`Free elections in both entities'

PEACE DEAL FOR BOSNIA Text of yesterday's agreement

Tuesday 26 September 1995 23:02 BST
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The clauses are in addition to the three-point agreement reached on 8 September in Geneva, according to which Bosnia will remain a single state but will be divided into sections - a Muslim-Croat federation with 51 per cent of the territory and a Bosnian Serb republic with 49 per cent.

4. Each of the two entities will honour the international obligations of Bosnia-Herzegovina, so long as the obligation is not a financial obligation incurred by the 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 maximise 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 recognised human rights in order to enhance and empower the democratic election process.

5.2 As soon as possible the Organisation for Security and Co-operation in Europe ... will station representatives in all principal towns throughout the Federation of the Republika Srpska in Bosnia and Herzegovina and publish monthly reports as to the degree to which the obligations listed in all of the Agreed Basic Principles have been fulfilled, and 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 co-operate with an international monitoring programme.

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 A presidency, two-thirds of which will be elected from the territory of the Federation, and one-third from the territory of the Republika Srpksa. 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 Consitution of Bosnia and Herzegovina.

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.

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