Conflict resolution in the Balkans State of negotiations before the war Conflict resolution Věra Stojarová Main features of Slovenia and the Western/Eastern Balkan states What is Balkan? Western Balkan, southern, eastern?? Dates: (395, 1054, end of 14, century, 1453) Dissolution of yugoslavia into what?? Nations, ethnics, religions, language, script, lliteracy, life standard Conflicts in the Balkans 1989 Kosovo withdrawal authonomy 1991 Slovenia, Croatia and BiH declared independence, JNA 1991-95 war in Croatia and BiH 1997 rebellion in Albania 1999 Kosovo 2000 Preševo medvedja bujanovac 2001 Macedonia – Ohrid agreement 2003 FRY changed into Serbia and Montenegro 2006 independence of Montenegro 2008 independence of Kosovo 1980´s Liberalisation of slovenia and croatia Kosovo – withdrawal of authonomy, own state institutions, referenda, independence, state of emergency, LDK, ibrahim rugova, 28.6.1989 demonstration at gazimestan, new constitution, albanian language unofficial, emergence of other political parties, alb elections Nationalism – martinovic case, paracinovo, poisoning of albanian children, st. Sava, ustasha, chetnicks 1990s Conference in Hague - October 1991 kosovo was not mentioned at all Badinter commission 25.6.1991 declaration of independence for slovenia and croatia 10 days war in slovenia – occupation of the border posts 1991-1995 war in croatia, civil war vs. war of two states EC EC will not recognize independence of slovenia and croatia unless all political means of conflict resolution are used Countries trying for maintainence of yugoslavia GB Spain France Germany and recognition • German unification • Germany supporting Croatia (ustashas independent state) • Economic crisis in germany vs profilation in the international arena • Breaking the national minorities right • Fear of dominating the continent • Regaining the lost identity • re-evaluation of german demilitarisation, foreign missions USA and recognition • Fast recognition of BiH. • Isolation of FRY and recognition of slovenia, croatia, bih and macedonia • For recognition of croatia they gained croatian recognition of bih (no partition of bih between croatia and serbia EU – badinter commission Slovenia and macedonia ok Croatia – status of national minorities BiH – referendum EU EU did not respect recomendation of badinter comision and recognized slovenia croatia and bih at the beginning of 1992 Recognition of dead states 27.6- 4.7. 1991 conflict in slovenia Croatian-Serbian war in Croatia till 1995 Croatian-Serbian-Bosniak war in BiH till 1995 Discussion Could EU hinder the conflicts in yugoslavia? Was it right to insist on integrity of yugoslavia and then with the outburst of the conflict recognize the already dead states? Is CFSP united? Who should intervene into the solution of the european conflicts - EU, OSN, USA, OSCE? What are the reasons of dissolution of yugoslavia? Is it possible to build multiethnic state? On what basis? Are nation states a solution? Should nation states copy the ethnic borders? Historical borders? Would the solution be the division of the balkan between greater croatia, greater serbia, greater macedonia, greater bulgaria, Is it right to recognize state where the civil war takes place? Is it right to recognize state where the rights of national minorities are violated? Would it not be better to suport the serbian effort to protect the territorial integrity of yugoslavia by armed force? http://www.youtube.com/watch?v=FK6Hvtifkrw jasenovac i gradiška stara thompson Conflict resolution in the Balkans State of negotiations during the war in Croatia and BiH Conflict resolution Věra Stojarová War in croatia - serbian iredentism – official language in croatia – only croatian December 1990 serbian autonomous province krajina february 1991 decision of secession from croatia and staying in fry december 1991 Republika Srbska Krajina Since Spring 1991 armed clashes 1989 War in croatia – patriotic war vs. ethnic cleansing Oficial croatian army : Croatian army Paramilitary groups : HOSovci croatian defence forces, armed wing of _HSP) fiercy stallions etc.. Oficial serbian army: Army of yugoslavia, army of serbia and monte negro, officialy had to withdraw but left the armament Paramilitary groups Serbian volunteer guard, Tigers, serbian chetnic movement of vojislav šešejl, white eagles of mirko jovič etc.. War in croatia - serbian iredentism Croatian serbian war 1991-1995 dayton peace agreement Territory fully under the croatian control in 1998 Serbian minority drop – from 12 % to 5% Ethnic composition of BiH 44 % Bosniaks (Muslims) 31 % Serbs 17 % Croats Internal actor External actor Paramiliary formations Serbs Croats Bosniaks I. Bosniak II. Political party Serbian democratic party (SDS BiH) Croatian democratic community (HDZ BiH) Party of democratic action (SDA) Persona Radovan Karadžić Davor Perinović, Stjepan Kljuić, Mate Boban Alija Izetbegović Fikret Abdić Armed formation Army of Republika srpska Croatian council of defence (HVO) Army of Republic BaH Army of Fikret Abdić State 9.1.1992 Republika srpska BaH, 12.8. renamed Republika srpska, Pale 3.7.1992 Croatian community Herzeg Bosna, 24.8.1993 Croatian republic Herzeg Bosna, Grude Bosnia and Herzegovina (BiH, Sarajevo) Athonomous region Western Bosnia, renamed Republic of Western Bosnia, Velka Kladuša Political party Socialistic party of Serbia (SPS) Croatian democratic community (HDZ) Support of islamic countries Cooperation with Croats as well as Serbs Persona Slobodan Milošević Franjo Tudjman Armed formation Yugoslav Peples Army (JNA), Yugoslavian army Croatian army (HV) State Federal Republic of Yugoslavia (FRY), Belgrade Croatia. Zagreb Support of islamic countries (Iran, Saudi Arabia, Libye) Serbian volunteer guard (Tigers) – Arkan; ChetniksŠešelj; White EaglesJović Croatian defence forces (HOS) El-Mudžahid Green Berets I. Phase of the war (6. 4. 1992 beginning 1993) Serbs x Bosniaks + Croats II. Phase of the war (1993 March 1994) III. Phase of the war (March 1994 -1995) IV. Local episode (29. 9. 1993 - 7. 8. 1995) Serbs x Bosniaks Serbs x Bosniaks + Croats Bosniaks x Bosniaks (Army of the Republic BaH x Army of Fikret Abdić) Serbs x Croats Bosniaks x Croats Dayton Peace Agreement Negotiated in Dayton, signed in Paris 14th December 1995, signed by Milošević, Tudjman and Izetbegović, The Constitution of BiH was included in Annex IV. Of the Dayton Peace Agreement BiH – composed of 2 Entities the Federation of Bosnia and Herzegovina (51 %) and the Republic of Srpska (49 %). All citizens of either Entity are thereby citizens of Bosnia and Herzegovina. ANNEX 7 Agreement on Refugees and Displaced Persons All refugees and displaced persons have the right freely to return to their homes of origin. They shall have the right to have restored to them property Annex 10. Article V. Dayton Peace Agreement. : Final Authority to Interpret The High Representative is the final authority in theater regarding interpretation of this Agreement on the civilian implementation of the peace settlement. Valentin Inzko since 2009 Miroslav Lajčák July 2007 -2009 Christian Schwarz-Schilling 31 January 2006 – July 2007 Paddy Ashdown 27 May 2002 - 31 January 2006 Wolfgang Petritsch August 1999 - 27 May 2002 Carlos Westendorp June 1997 - July 1999 Carl Bildt December 1995 - June 1997 •Conflicts between the International Community and the local leaders have been quite frequent All elections in BiH were dominated by the parties, which were at the break of the war Serbia Republic of Srpska Serbia Monte Negro Serbia: the plain tricolour as the national flag, the tricolour with coat of arms as the state flag Sarajevo Agreement signed 27th of May 2002: unprecedently modified the Dayton Peace Agreement: The Article 4: The national representation in all the institutions must reflect the proportion of the population according to the census from 1991. This article is unrealistic and is ignored by all sides. Political system in BiH according to the Sarajevo agreement, which modified the Dayton Peace agreement: FBiH: BiH: Presidency: each entity shall have 1 representative, 4 years. Government: Council of ministers appointed by the Presidency. Powers: foreign policy, foreign trade, tawes, monetary politics, financing of the institutions of BiH, foreign obligations, immigration, refugees, international law, penal law inbetween the entities, common infrastructure, air space control. Legislative: bicameral: House of nations – 15 MPs, 5 from each entity, delegates elected by the parliaments of RS and FBiH House of representatives: 42 MPs, 2/3 (28) elected directly in FBiH, 1/3 (14) in RS Both chambers elect their common presidency, system of rotation. Constitutional court: 9 members, 4 are nominated by the House of representatives FBiH, 2 by national assembly RS, 3 by the chair of the European court for human rights (must not be the inhabitants of BiH or the neighbouring state, nominated for 5 years) President rotates with 2 vice-presidents, elected by the House of representatives, president nominates the government, he is consulted with the nominationof ombudsman and judges, sighns laws and international treaties, grants amnesties ( with exclusion of the war crimes and genocide) Government: prime minister and deputy prime minister, ministers and their deputy prime ministers which must not be from the same nation as the prime ministers. 8 Bosniacs, 5 Croats, 3 Serbs. Legislative: House of representatives : 98 MPs, 4 Years, direct vot, 73 proportional systém, 25 compensatory mandates. House of nations: 58 MPs, 17 from each nation and 7 seats for the minorities) Constitutional court 9 judges RS: President with 2 vice-presidents from all nations, direct vote, president proposes the prime minister, the NAtional assembly approves the government Government 8 Serbs, 5 Bosniacs 3 Croats. National assembly 83 MPs, direct vote, 4 years. The Council of Nations consists of 28 representatives delegated by the National Assembly (eight Croats, eight Bosniacs, eight Serbs, and four others). Constitutional court: 7 judges, elected for 8 years, once. Challenges for BiH New constitution Anthem in Serbia, use of flag Mission Althea Institutional building, justice, organized crime, civil society, state of law… EU Main challenge is to find COMMON AIM IN 1 STATE Questions: Is the endeavour of the international community to build the multiethnic society right/feasible? Does BiH in its current shape have a future? Would not be better to divide Bosnia? If Yes – How? Would not be better to build nation states in the Balkans – Greater Serbia, Greater Croatia etc.? Should the international community withdraw from BiH or stay? What do u think about the US – stepping into the war, ending it and then withdrawing leaving the job on the EU? Seminar Who is guilty? Who was right? What happened? Who attacked whom? Who is victim and who is culprit? Who is good and who is bad? What is just and what is unjust? How did you behave in WWII? How did you behave in the Balkan wars 19121913? Istina/truth Seminar – conflict management in BiH Cutilheiro plan The cantons will have certain authonomy Bih will remain unitary state with high centralisation BaH – common parliament, central economy planning, central bank, common currency, flag, one representation in international organisations etc. Muslim and croatian opštiny 56,27% of BaH, Serbian opštiny 43,7%. Out of 106 opština – only 10 were ethnically monolitical (90 and more percent of one nations) the rest ethnically mixed Keeping bih the borders, veto on division of Vance-Owen plan 10 autonomous ROUGHLY accoding to the ethnic situation before the war provinces Serbs – 3 cantons, Croats – 2 and 1 together with Muslims, Muslims – 3. Sarajevo – all communities together. Government of the provinces – wide autonomy, composition regarding the national composition of the province BiH led by presidency – 9 members, 3 from each nation. Presidency shall name common government which shall last till the first elections BiH as integral state, UN units shall guarantee the free movement of people and rights of national minorities Provincies with Muslim-Croat inhabitants 52,33% BaH, serbian provincies 42,23%, mixed province Sarajevo 5,5% of the land. Plan Owen-Stoltenberg Loose union of 3 Bosnian republiks made on national principle Muslim + Croat republics 44,91% of the land BaH Republic of Serbs - 52,09%. Sarajevo under UN - 3% of hte land Mostar and Muslim enclaves in eastern Bosnia – under EU supervision Creation of corridors muslim republic had corridor to reach the sea and to the sava river and the conection with the muslim enclaves Goražde, Srebrenica, Žepa and bihač