EXPLANATION OF DRAFT AGREEMENT ON SPECIAL RELATIONS ( Editorial: --> 8398 )

( Editorial: --> 8398 ) ZAGREB, Nov 5 (Hina) - Following is the full text of the Explanation of the Draft Agreement on Special Relations between the Republic of Croatia and the Federation of Bosnia and Herzegovina, and the Draft Agreement on the Establishment of the Inter-State Council for Cooperation between the Republic of Croatia and Bosnia and Herzegovina: In the wake of the latest development of the situation in Bosnia and Herzegovina, and of the talks of the President of the Republic of Croatia Dr. Franjo Tudjman with the delegation of Bosnia and Herzegovina and of the Federation of Bosnia and Herzegovina in Split on August 6, 1997, and with the United States delegation headed by Ambassadors Gelbard and Holbrooke, conditions now obtain for an agreement regulating the relations between the Republic of Croatia and the Federation of Bosnia and Herzegovina, based on the Washington and Dayton Agreements, in order to implement the functioning of the Croato-Bosniac Federation and establish special relations with the Republic of Croatia. The adoption of the Agreement on the Establishment of the Inter- State Council for Cooperation between the Republic of Croatia and Bosnia and Herzegovina has also been envisioned. By proposing the agreement on "special relations" the Republic of Croatia also fulfills part of its commitments assumed at the aforementioned Split meeting where, among others, agreement was reached, as specified in the Joint Statement, that "in order to advance cooperation, and on the basis of existing agreements, draft agreements will be exchanged by September 1, 1997 regulating the relations between the Republic of Croatia and Bosnia and Herzegovina, and establishing the Council for Cooperation between the Republic of Croatia and the Federation of Bosnia and Herzegovina, which agreements will define special relations in accordance with the Constitution of Bosnia and Herzegovina, the Washington and Dayton Agreements, the Sintra Declaration and the conclusions of the Office of the High Representative." During the war in Bosnia and Herzegovina, caused by the Yugocommunist and Serbian aggression which was first countered in an organised way by the Croatian people, long and often unproductive talks were held under the auspices of the International Conference on the Former Yugoslavia in order to seek a solution to this, the most complex crisis in contemporary international relations. At the time the international community in most cases offered solutions proceeding from the recognition of the state of affairs created by the war and the consequences of aggression. It was only the Washington Agreement, preceded by the Vienna and Bonn negotiations in 1994, that achieved major progress and put an end to the Croato-Muslim conflict and determined the foundation of the Croato-Bosniac Federation. An integral part of the overall arrangement was also the agreed "Preliminary Agreement on the Principles and Foundations for the Establishment of a Confederation between the Republic of Croatia and the Federation of Bosnia and Herzegovina." This Confederal agreement envisioned the establishment of a common market and cooperation in a number of areas, as well as the harmonisation of internal legislation and the conclusion of an agreement on the customs and monetary union, and defence arrangements. As has been publicly pointed out on a number of occasions, for the Croatian State and for the Croatian people as a whole the Washington Agreement was a historic challenge, and the implementation of the Federation and Confederation, in addition to being in the interest of the Croat and Bosniac-Muslim peoples, also reflected the interest of the Western world, Europe in particular, but also of the Islamic world. The Washington Agreement reaffirmed Croatia as a compelling factor not only with respect to the achievement of peace in the former Yugoslavia, but also with respect to lasting coexistence of the Croat and Muslim-Bosniac peoples in the Federation of Bosnia and Herzegovina, and to lasting cooperation between the Republic of Croatia and the Federation of Bosnia and Herzegovina. In view of the fact that the less numerous Croatian people in the Federation could be exposed to outnumbering by the more numerous Muslim people - as indicated by overall past experience, both before and after the collapse of the former Yugoslavia, regardless of all constitutional guarantees of equality - the Croats could see a guarantee of their future only in a consistent cantonal arrangement of the Federation, and in confederal or special ties with Croatia. It is known that the Washington Agreement did not stop the war in Bosnia and Herzegovina or provide a comprehensive solution of the crisis. It was only the change of the strategic situation after Croatian military successes that provided the conditions for the peace initiative of the Contact Group countries led by the USA and, in its wake, for the conclusion of the Dayton Agreement which was signed in Paris on December 15, 1995. This Agreement, the result of protracted negotiations in the final stages of which Croatia again played the crucial role, provides for Croatian and Bosniac-Muslim strategic interests alike. It guarantees the existence and equality of the Croatian people as a constituent nation throughout Bosnia and Herzegovina, and in the Croato-Bosniac Federation in particular, based on the foundations laid out in the Washington Agreement on the implementation of the Federation and its special, close ties with Croatia. As listed explicitly in the Dayton Agreement, the entities, meaning also the Federation of Bosnia and Herzegovina, "are entitled to establishing special parallel relations with neighbouring States in accordance with the sovereignty and territorial integrity of Bosnia and Herzegovina." The Agreement also envisions the right of each entity to conclude agreements with States and international organisations with the approval of the Parliamentary Assembly. These issues were also debated by the Steering Body of the Peace Implementation Council at the ministerial meeting held at Sintra on May 30, 1997. In its Political Statement it established, among others, that "agreements whereby such relations are established are important in order to facilitate ties between people and other ties, as well as for promoting cooperation and integration in the region." However, the developments in Bosnia and Herzegovina over the last few months, to which the Croatian representatives from Bosnia and Herzegovina and the Republic of Croatia have continuously and constructively contributed through a number of concrete examples, have not stabilised the peace process as a whole even in the estimate of the international community. Such a state of affairs has also produced debates over the validity and implementability of the Dayton Agreement - all the way to the latest assessments that a solution is possible only by increasing the executive authority of the High Representative, by establishing a long-term protectorate over the country, or by a new Dayton which might even discuss a partition of Bosnia and Herzegovina. The problems in the establishment of the Croato-Bosniac Federation, which run the gamut of open terrorist attacks and the murder of many Croats in Central Bosnia, indicate that the endangered existence of the Croatian people in Bosnia and Herzegovina is an issue of the highest Croatian national interest. Because of the responsibility for the solution of the Bosnian crisis through the aforementioned international agreements which it has assumed and which has been imposed on it, and particularly because of its geopolitical link with Bosnia and Herzegovina, Croatia cannot be disinterested in Bosnian-Herzegovinian developments which question the destiny of the Croatian people. This is, besides, the constitutional obligation of the Croatian State as well as the moral commitment of the entire Croatian people. This is why Croatia's position - and this conviction has now been additionally affirmed - has been focused on the need to implement the letter and the spirit of the Dayton Agreement but also of the Washington Agreement, because only this guarantees the future of the Croatian people in Bosnia and Herzegovina, and provides the conditions for the establishment of lasting peace and a new international order in the region. In such a situation, US representatives have also recently begun to refer again to the Washington and not only to the Dayton Agreement. This was manifest in the Split talks on August 6 with the special envoys of President Clinton, Mr. Gelbard and Mr. Holbrooke, as well as in President Clinton's letter of October 8, 1997 to the French President J. Chirac, the host of the Summit Meeting of the Council of Europe. In drawing up its proposal on special relations Croatia has used the Benelux experience as a model. Of course, in the process we have endeavoured to recognise as much as possible the overall differences in general, economic and social development, and to consider the level of problems as related to the interests underlying the relations between the Republic of Croatia and the Federation of Bosnia and Herzegovina. Our key point of departure has been the long-term experience of the Benelux countries in the development of the mutual integration process, including the experience related to limitations determined by special national interests. We have also paid due attention to the role of joint bodies which do not take over the competences of national parliaments and do not affect the sovereignty of any individual country. The Republic of Croatia believes that the Benelux integration experience is also applicable to the way of establishing special relations between Croatia and the Federation of Bosnia and Herzegovina. By proceeding from the political-legal framework laid down by the Washington and Dayton Agreements, and from the experience acquired in the development of the Benelux community, the Republic of Croatia proposes the draft of the Agreement on Special Relations between the Republic of Croatia and the Federation of Bosnia and Herzegovina, which serves the following purposes: First, faster development of internal relations in the Federation of Bosnia and Herzegovina in order to overcome, in particular, problems which have a negative bearing on the existence of the Croatian people in Bosnia and Herzegovina, and on the creation of conditions for a lasting coexistence of the Croat and Bosniac- Muslim peoples. Second, gradual establishment of special relations between the Republic of Croatia and the Federation of Bosnia and Herzegovina leading to the establishment of a) a free trade zone, b) customs union, c) common market, d) monetary union - all depending on general and economic conditions, and on the respect of the special interests of the Republic of Croatia and of the Federation. Within the proposed Agreement the Parties ought to come to a settlement and conclude an agreement, in the form of a separate annex, on access to the Adriatic Sea and the use of the port of Ploce, as well as on passage across Neum. In this regard the Republic of Croatia looks forward to a positive attitude and active involvement of the Federation of Bosnia and Herzegovina in negotiations concerning the definition of special relations, as well as to the full and active support of the main factors of the international community. The question of special relations based on the Washington and Dayton Agreements is very closely connected with peace, stability and the future of the region, and the Republic of Croatia considers the matter with the greatest responsibility because of its own national interests, but also recognising the interests of the Bosniac-Muslim people, and views and interests of the international community. At the same time, along with the Agreement on Special Relations between the Republic of Croatia and the Federation, we also propose the Agreement on the Establishment of the Inter-State Council for Cooperation between the Republic of Croatia and Bosnia and Herzegovina. The Council for Cooperation to be established pursuant to the proposed Agreements would mainly deal with matters related to international relations, cooperation with the international community in reconstruction and development, the issue of succession to the former SFRY, and other questions of common interest. We are convinced that the acceptance of the proposed Agreement on Special Relations between Republic of Croatia and the Federation of Bosnia and Herzegovina, and of the Agreement on the Establishment of the Inter-State Council for Cooperation between the Republic of Croatia and Bosnia and Herzegovina, would provide the strongest contribution to the establishment of relations of full and constructive cooperation between the Croat and Muslim-Bosniac peoples within the Federation, as well as to the stability of Bosnia and Herzegovina which is desired by the entire international community. This would unequivocally achieve full stability and peace not only in Bosnia and Herzegovina: it would also remove the obstacles to the establishment of a new international order in this part of Europe. (hina) vm 051759 MET nov 97