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CERD/C/60/CO/4
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Concluding observations
of the Committee on the Elimination of Racial Discrimination : Croatia. 21/05/2002.
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CERD/C/60/CO/4. (Concluding
Observations/Comments) |
Convention Abbreviation: CERD
COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION
Sixtieth session
4-22 March 2002
CONSIDERATION
OF REPORTS SUBMITTED BY STATES
PARTIES UNDER ARTICLE 9 OF THE CONVENTION
Concluding
observations of the Committee on the
Elimination of Racial Discrimination*
Croatia
1. The Committee considered the fourth and fifth periodic reports of Croatia
(CERD/C/373/Add.1) at its 1499th and 1500th meetings, (CERD/C/SR.1499 and 1500)
on 6 and 7 March 2002, and, at its 1517th meeting (CERD/C/SR.1517), on 19 March
2002, adopted the following concluding observations.
A. Introduction
2. The Committee welcomes the report submitted by the State party and expresses
its appreciation for the dialogue with the high-level delegation and for the
answers given orally to the wide range of questions asked by members. While
appreciating the extensive supplementary information given to it during the
examination of the report, the Committee regrets that the responses to its
previous concluding observations (CERD/C/304/Add.55), dated, 10 February 1999
were not included in the body of the State party report.
3. The Committee regrets further that the report contains information mainly on
the legal framework for the protection of rights of minorities and does not
give sufficient information on the implementation of such legislation or on the
extent to which minority communities enjoy the protection afforded by the
Convention.
B. Factors and difficulties impeding the implementation of the Convention
4. The Committee notes that the State party is going through a challenging
period of economic and social change in a period of post-war reconstruction,
which has resulted in obstacles to the full implementation of the Convention.
C. Positive aspects
5. The Committee welcomes the efforts of the State party to introduce
legislative reform in accordance with international standards, and to establish
institutions, programmes and policies to promote equality. In particular, the
Committee welcomes the adoption of the Associations Act, the establishment of
the Office for Human Rights, the elaboration of a project of education aimed at
achieving equality for minorities and promoting multiculturalism, the
implementation of programmes of human rights education within the school
environment, and the introduction of human rights training for police officers
and judges.
6. The Committee notes with appreciation the State party's statement of cooperation
with the International Criminal Tribunal for the Former Yugoslavia (ICTY) as
well as with relevant United Nations bodies, including the Office of the High
Commissioner for Human Rights (OHCHR), and regional organizations.
7. The Committee welcomes the State party's stated commitment to involve
non-governmental organizations (NGOs) in the preparation of its next periodic
report to the Committee, as well as its statement of intent to subscribe to
article 14 of the Convention.
D. Concerns and Recommendations
8. The Committee reiterates its concern about the lack of clarity as to the
various definitions used in the report and in domestic legislation to describe
ethnic and national minorities. The Committee is concerned that the recent
withdrawal of the draft Constitutional Law on the Rights of National Minorities
will create further delays in legislative protection for such minorities. The
Committee recommends that the State party include in its next periodic report
clarification as to the legal definitions used for describing the various
minorities. It encourages the State party to finalize the Constitutional Law on
the Rights of National Minorities in conformity with international standards
and to include information regarding this matter in its next report.
9. It is noted that statistical data provided in the State party report are
based on the 1991 census and that the results of the 2001 census are still
pending. The Committee is concerned that the delay in the publication of the
results may create distrust among communities and has presented some
difficulties for the Committee in undertaking an effective analysis of issues
affecting minorities. The Committee strongly encourages the State party to
finalize and publish the general population census conducted in 2001 in order
inter alia to implement provisions of the law affecting political
representation as well as to ensure, as necessary, special protection and
benefits for ethnic minorities. Moreover, it is recommended that the next
periodic report include updated statistical data on the demographic composition
of the Croatian population.
10. With respect to article 2 of the Convention, the Committee remains
concerned about the limited representation of minorities in the Croatian
Parliament. While it is noted that the Act on Election of Representatives to
the Croatian State Parliament provides for proportional representation of
minorities, the Committee is concerned that not all minority groups are
included in this process while others are underrepresented. In particular, it
is noted that Bosnians are not included in the list of minorities who may
exercise the right to be represented in Parliament. It is recommended that the
State party take further measures to ensure fair and adequate representation of
all groups of minorities in the Croatian Parliament and to include in its next
report information concerning the measures taken in this regard.
11. The Committee expresses concern at the continued practice of segregation of
Roma children within the educational system and at the reports of
discrimination against the Roma regarding access to employment, health,
political representation and citizenship rights. The Committee recommends that
the State party pay particular attention to the situation of the Roma and take
effective measures to prevent the segregation of Roma children within the
educational system. The Committee further recommends that the State party
strengthen its efforts to address the high drop-out and poor performance rates
of Roma children and guarantee non-discrimination, especially as regards
respect for their cultural identity, language and values. The Committee also
encourages the State party to reinforce its efforts to train and recruit Roma
teachers and to prevent discrimination against the Roma in access to
employment, health, political representation and citizenship rights.
12. The Committee reiterates its concern regarding the lack of legal provisions
to implement the State party's obligations under article 4 (b) of the
Convention, notably the absence of legislative measures prohibiting incitement
to racial discrimination and violence. Concern is also expressed about the
adequacy of efforts by the State party to investigate and prosecute persons
responsible for fomenting ethnic hatred, especially in the localities affected
by war. In this connection, the Committee notes that there have been no
convictions by the courts for incitement to racial discrimination and violence,
despite the significant number of such allegations. The Committee recommends
that the State party comply fully with the obligations under article 4 of the
Convention and that the necessary legislative measures be taken in order to
give full effect to the provisions of that article and to declare illegal and
prosecute incitement to ethnic hatred and racial violence.
13. While noting the challenges confronted by the State party in meeting the
needs of large numbers of refugees, returnees and displaced persons, the
Committee is concerned that return is still hindered by legal and
administrative impediments and hostile attitudes adopted by some central and
local officials. In this regard, concern is further expressed about allegations
of inconsistency and lack of transparency in the National Programme for Return.
The Committee is particularly concerned about the insufficient efforts of the
State party to prevent discrimination against minorities, especially Croatian
Serbs, in addressing issues of restitution of property, tenancy and occupancy
rights, reconstruction assistance, as well as the inter-related issues of
residency and citizenship rights. The Committee recommends that the State party
introduce further measures to ensure fairness, consistency and transparency in
the National Programme for Return. Further, the State party is strongly urged
to take effective measures to prevent discrimination, especially against
Croatian Serbs, particularly as regards the restitution of their property,
tenancy and occupancy rights, access to reconstruction assistance and rights to
residency and citizenship. It is recommended that the State party provide in
its next periodic report information concerning the steps taken to introduce
effective legal and administrative regimes to resolve these issues. The
Committee draws the attention of the State party to its general recommendation
XXII concerning the rights of refugees and displaced persons.
14. With respect to article 5 of the Convention, the Committee restates its
concern regarding inconsistency between articles 8 and 16 of the Croatian Law
on Citizenship, which appears to establish different criteria in granting
citizenship to ethnic Croats as compared to other nationalities in Croatia.
Concern is expressed that many former long-term residents of Croatia,
particularly persons of Serb origin and other minorities, have been unable to
regain residency status despite their pre-conflict attachment to Croatia. With
respect to the acquisition of citizenship, the Committee again strongly urges
that the State party undertake measures to ensure that all provisions of the
Croatian Law on Citizenship are in conformity with article 5 of the Convention,
and that the law is implemented in a non-discriminatory manner. The Committee
also recommends that measures be taken to ensure that former long-term
residents of Croatia are able to reclaim their status as citizens and/or
residents on a non-discriminatory basis.
15. The Committee is concerned about repeated claims of discriminatory
application of the right to equal treatment before the law, particularly in the
area of property claims, where the courts reportedly continue to favour persons
of Croat origin. The Committee also notes the large backlog of cases before the
courts, which impedes access to justice. The Committee recommends that the
State party reinforce its efforts to ensure non-discrimination in the
application of the right to equal treatment before the law, particularly in the
area of repossession of property. The Committee further recommends that the
State party include detailed information in its next periodic report concerning
the measures taken to reduce the backlog of cases before the courts and improve
access to justice.
16. While noting the efforts of the State party to introduce training for the
police and judges, the Committee is concerned about the sufficiency of efforts
to raise public awareness about the Convention, promote tolerance and
discourage prejudice against certain minorities. The Committee recommends that
the State party strengthen its efforts to familiarize the public with the
Convention, in order to reduce the level of prejudice against certain
minorities, and to promote tolerance. In this regard, the State party should
reinforce its efforts to provide instruction on international human rights
standards in all schools and organize training programmes for persons engaged
in the administration of justice, including judges, lawyers and law enforcement
officials.
17. The Committee recommends that the State party take into account the
relevant parts of the Durban Declaration and Programme of Action when
implementing the Convention in the
domestic legal order, in particular in respect of articles 2 to 7 of the
Convention, and that it include in its next periodic report information on
action plans or other measures taken to implement the Durban Declaration and
Programme of Action at the national level.
18. The Committee recommends that the State party ratify the amendments to
article 8, paragraph 6, of the Convention, adopted on 15 January 1992 at the
Fourteenth Meeting of States Parties to the Convention and endorsed by the
General Assembly in its resolution 47/111.
19. The Committee recommends that the State party submit its sixth periodic
report together with the seventh report, due on 8 October 2004, as an updating
report responding to the points raised in the present observations.
__________________
* Please note that the symbol CERD/C/Session No./CO/... will from now on
replace the previous symbol CERD/C/304/Add...
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Office
of the United Nations High Commissioner for Human Rights
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