Shadow Report on The Implementation of the
Framework Convention for Protection of the Rights of National Minorities in the
for the implementation
period 1999 – 2004
submitted to
Council
of
Directorate
General of Human Rights Secretariat of the Framework Convention for the
Protection of National Minorities
July 2004
Produced by: Center for Peace, Legal Advice and
Psychosocial Assistance, Vukovar
Community of Serbs,
The Center for Peace, Legal Advice and Psychosocial Assistance Vukovar
produced this report in co-operation with the Community of Serbs in
This text does not necessarily represent in every detail and in all its
aspects, the official view of MRG, their donors or partners.
Content
I Information on the
organisations included in the production of the report 3
II Introduction 4
III General remarks – 1999
– 2004 5
a) Ethnic
structure of the population 5
b) Political
environment 7
c) RELEVANT
LEGISLATION AND DOCUMENTS 9
d) Respect
for general (Human) rights of 10
persons
belonging to minorities and the rule of law
e) Security
situation / Ethnically motivated
incidents 20
IV Implementation of the
provisions of the Convention 22
IV.I 22
Article 1
Article 2
IV.II 23
Article 3
Article 4
IV.III 29
Article
5
IV.IV 33
Article 6
IV.V 38
Article 7
IV.VI 39
Article 8
IV.VII 40
Article 9
IV.VIII 43
Article 10
IV.IX 45
Article 11
IV.X 48
Article 12
IV.XI 49
Article 13
IV.XII 50
Article 14
IV.XIII 51
Article 15
IV.XIV 60
Article 16
IV.XV 61
Article 17
IV.XVI 62
Article 18
V Conclusions and
recommendations 63
I Information on the
organisations included in the production of the report
The Center for Peace, Legal Advice and Psychosocial Assistance, Vukovar
is
non-governmental, non-political, non-profit, humanitarian organisation
established on the August 01, 1996.
Vision of the Center is a modern
democratic society, society of the rule of law and respect for human rights and
values, society of tolerance and equal opportunities for all regardless of
their ethnicity or religion, language, culture or social status.
Activities of the Center:
-
promoting and protecting human rights and freedoms;
-
providing free counselling and relevant information;
-
supporting civic initiatives and economic development;
-
preparing and running public campaigns;
-
organising different kinds of education;
-
activities aimed towards interethnic and inter-religious
tolerance;
-
co-operating with relevant governmental and
non-governmental organisations in the
The
Center operates in wider Vukovar and former UNTAES area and deals with
particular activities on national and international levels.
Center’s programs are divided in the
following fields:
1.
Protection and promotion of human rights
2.
Economic Development
3.
Education / Informing
4.
Democratisation
5.
Peace activities
6.
Co-operation
Beneficiaries of the Center’s
services are all citizens regardless of sex, culture, language, mental or
physical abilities, ethnicity or religion.
The
Center is a member of the Coalition for Promotion and Protection of Human
Rights in the
Contact
Person: Mr. Ljubomir Mikić, president
Address:
Fra.Antuna Tomaševića 32, 32 000 Vukovar,
Tel/fax:+385
(0)32 413 319; +385 (0)32 413 317
E-mail:
centar-za-mir@vk.htnet.hr
Community of Serbs Rijeka (CSR) is non-governmental and non-political
organisation that assembles citizens belonging to the Serb community in the
areas of Rijeka and Primorsko-goranska County in order to preserve their
cultural, religious and national identity and to protect human and minority
rights in conformity with positive legislation of the Republic of Croatia and
international standards, conventions and mechanisms, that Croatia adopted.
CSR was established at
the end of 1991 working, at the time, within wider regional organisation,
Community of Serbs of Rijeka,
Since 1994, the CSR
worked independently under its own name.
Community of Serbs
Rijeka is one of the founders but also a member of the Serbian National
Council, an umbrella institution of Serbian people in the
Through its most
important activity, Human and Minority Rights Protection Program (legal
assistance, public stands, conferences, co-operation with international
institutions), the Community of Serbs Rijeka built a broad co-operation
initiating number of activities related to the field of interethnic
communication with many NGOs in
Croatia, B&H and Serbia and Montenegro but also other minority communities
in Rijeka and the whole country. As a local partner to the MRGI, the CSR also
organised three international conferences on position of national minorities in
Middle and
Contact
person: Mrs. Darinka Janjanin,
Community
of Serbs Rijeka Human and Minority Rights Protection Program Co-ordinator and
the President of the Council of Serbian National Minority in Rijeka
Address:
Trg Sv. Barbare 1, 51000
Tel.:
+385 (0)51 330 867
Fax:
+385 (0)51 330 873
E-mail:
zsr@chez.com; darinka.janjanin@ri.htnet.hr
Web
page: www.chez.com/zsr
The
following organisations or their representatives provided suggestions and were
included in the production of the report, data collecting and processing:
-
Association '' ZvoniMir '', Knin
-
Association '' ALTRUIST '',
-
Association '' Civil Rights Project '', Sisak
-
Association for Protection of Human Rights and Civic
Freedoms '' HOMO ''
-
Association '' Hoću Kući (I want to go home)'', Knin
-
Serbian Democratic Forum Knin Office
-
Dalmatian Solidarity Committee, Knin Office
-
Centre for Peace Studies,
-
Association ''Delfin'', Pakrac
-
MPDL, Knin
II Introduction
1.
This report is the alternative
report on the implementation of the CoE Framework Convention for Protection of
National Minorities in the
The
2.
In March 2004, the
3. While producing this report we have
used the following sources: reports and statements by local and international
non-governmental organisations; reports, documents and information by relevant
governmental institutions; media information; relevant national legislation;
reports, opinions, statements and documents by international organisations.
Information provided by non-governmental
organisations are based on data they collected through their everyday
activities or collected while communicating with persons belonging to minority
communities or their representatives.
III General remarks - 1999
– 2004
a) Ethnic structure of the population
4.
The last census in the
5. Results from the 2001 census confirmed
earlier speculations on the changes of the ethnic structure of the population
in the
6.
Comparing the 1991 census with the
data of the last census the size of the minority population has decreased. The
most drastic decrease was registered among following minorities: Serbs – 65%,
Montenegrins – 49%, Slovenians – 41%, Macedonians – 32%, Ruthenians – 28%,
Hungarians – 25%, Ukrainians – 20%, Slovaks – 15%, Italians – 7%, while the
increase was registered among Roma – 41%, Albanians 25% and Germans – 10%.[3]
In
the 2001 census, a number of persons registered as Muslims in 1991, declared
themselves Bosniaks. Muslims and Bosniaks registered by the 2001 census number
40.529 persons, which shows a 7% decrease comparing the number of Muslims
registered in 1991.
7. Persons
who spent over one year abroad were not registered by the 2001 census.
Following Croatian international obligations, the 2001 census did register
refugees who fled from other republics of former
Since
the 2001 consensus the number of Serbs has increased. According to the data by
the Office for Expellees, Returnees and Refugees from October 2003, 46.068
Serbian refugees returned, mostly from Serbia and Montenegro or Bosnia and
Herzegovina to the Republic of Croatia in the period between the year 2000 and
September 2003.[4] In
total, about 108.000 refugees and IDPs
belonging to minorities have been registered as having returned, which is approximately
1/3 of all Croatian Serbs who fled from
8. The 2001 census results caused loud
protests of certain national minorities’ representatives. Mr. Milorad Pupovac,
the president of the Serbian National Council refused to accept the census
results. He demanded a review so as to include all the Croatian Serbs who
registered for the census abroad, as well as those who returned in the
meantime. The Serbian National Council believed that a further 68.000 Croatian
Serbs should be considered in this regard. The Chair of Parliamentary Committee
for Human Rights and the Rights of National Minorities, Mr. Furio Radin
demanded a further explanation of the census results and the reasons for the
reductions in number of persons belonging to national minorities. He advocated
a new program for the development and protection of minority rights. Mr. Zarko
Puhovski, the president of the Croatian Helsinki Committee, said that census
results only confirmed the need to prevent the assimilation and emigration of
Croatian national minorities.[9] Discussion on reasons for the reductions in
number of persons belonging to national minorities, Serbs in particular,
started. Unlike Milorad Pupovac, Zarko Puhovski accepted the census results as
“correct and expected” and said “when an ethnic group shrinks to almost one
third in a decade, it cannot be the result of natural migrations but movement
under pressure, which we usually call ethnic cleansing''[10].
At the beginning of 2004, Mr. Furio Radin said before the Croatian Parliament
that 300.000 Croatian Serbs were ethnically cleansed from
b) Political environment
9. The political situation changed after
the death of president Tudjman at the end of 1999, the defeat of ruling HDZ in
parliamentary election held in January, and presidential elections held in
February 2000. These events ended a decade of nationalistically oriented Croatian
Democratic Community (HDZ), the party of the late president. “Pro-reform”
government headed by the Prime Minister Racan (Social Democratic Party), of 6
opposition, democratically oriented parties won the elections. “A democrat”
candidate, Mr. Stjepan Mesic becomes the new elected president. It was assessed
that the elections were “peaceful and tidy” and “significant improvement” in
meeting the OSCE standards. '' The government which came to power following the
parliamentary and presidential elections in January and February 2000 inherited
an unsatisfactory legacy of discriminatory laws and practices from its
predecessor, to the detriment, in particular, of ethnic Serb displaced persons
and refugees.''[19] General
local elections held in May 2000 confirmed parliamentary elections’ results and
brought certain changes to local political scene. HDZ managed to keep strong
power in several counties and municipalities. Parliamentary elections, held on
23 November 2003, opened a way back for the HDZ. On 23 December 2003, Croatian
Parliament accepted newly formed Government and appointed Mr. Ivo Sanader, the
HDZ president, to be the Prime Minister. Several smaller parties as well a sa
number of parliamentary representatives of national minorities supported
forming of the new Government. This was necessary since for the election
results the new government could not be formed independently because the HDZ
had no majority of votes in the parliament.
10.
The Government of the Prime
Minister Racan initiated and started several programs of political and economic
reforms although was, often, criticised by some social subjects for its
insufficient decisiveness, courage, genuine will and persistency. Mr. Milorad
Pupovac, the president of Serbian National Council and the Croatian Serbian
member of the parliament, commented the Prime Minister’s policy towards the
Serbian community saying: '' Račan ran away from the minorities, especially
Serbs, but not from their votes. As soon as he got them voting for him they
were no longer interesting'' and emphasised that the policy towards other
minorities was no different from that.[20]
Co-operation with the International Criminal Tribunal for former Yugoslavia –
ICTY, return of refugees, full respect for the rights of national minorities,
judiciary reform and establishment of the rule of law and regulating certain
open questions with the neighbouring countries were marked as open political
issues in times of Racan’s but also Sanader’s rule. Racan’s government, in
relation to the elimination of discrimination and return of Serbian refugees,
in the opinion of International Crisis Group, used to adopt “half-measures”
aiming to calm international community, and to, at the same time, avoid
fulfilling undertaken obligations.[21]
Both governments showed their intentions a wishes to join the European Union
(if possible, in the next accession circle planed for 2007). They have
started/continued with the processes of political and economic reforms and
adjustments as well as intensive diplomatic campaigns in that direction, often
being pressured by the international community. For this reason, Racan’s
government submitted answers to the Questionnaire of the European Commission in
order to obtain the Opinion on the
application of
11. Certain speculations and scepticism
relating to devotion to the HDZ principles of human rights and possible
continuation of negative policies in treatment of minorities started vanishing
right after parliamentary elections. The Prime Minister Sanader and the
Government signed several co-operation agreements with elected members of the
parliament belonging to Serbian (representatives of Independent Serbian
Democratic Party – SDSS) and Italian national minorities. Representatives of
both minorities, for that reason, supported the new government before the
Croatian Parliament. All other members of the Parliament representing different
national minorities also supported the Government. Ivo Sanader, the HDZ
president, during the pre-election campaign, invited refuge Serbs to return to
12.
A great step forward in guarantee
and protection of minority rights and efficient implementation of the CoE FCNM
in the
c) RELEVANT LEGISLATION AND DOCUMENTS
13. “International agreements concluded and
ratified in accordance with the Constitution and made public, and which are in
force, shall be part of the internal legal order of the
The
most important ratified international multilateral agreements are enlisted in
the Article 1 of the Constitutional Law on Protection of National Minorities.
(See under Item IV.I ). For bilateral and regional
agreements, see under Item IV.XVI.
14.
The most important relevant
documents of the national legislation are: the Constitution of the Republic of
Croatia, the Constitutional Law on Protection of National Minorities, the Law
on Use of the Language and Script of National Minorities in the Republic of
Croatia, the Law on Upbringing and Education in the Language and Script of
National Minorities, the Law on Amendments to the Law on the Election of
Members of the Representative Bodies of Local and Regional Self-Government
Units and the Law on the Election of Members of the Parliament.
15. The documents which, among the rest,
regulate and guarantee certain minority rights to Croatian Serbs in Eastern
Slavonia, in particular, are the Basic Agreement on the Region of Eastern
Slavonia, Baranja and Western Sirmium – the Erdut Agreement (November 1995) and
the Letter of Intent by the Croatian Government to the UN Security Council on
completing the peaceful reintegration (January 1997). The Erdut Agreement is a
bilateral agreement signed between the
16. As a signatory of the Dayton Peace
Accord for Bosnia in 1995, Croatia committed itself to promoting return
throughout the region (almost all the relevant international (UNHCR, OSCE[26])
organisations and NGOs put emphasis on the regional approach in solving refugee
problems because in practice “there are clear practical linkages between return
to and within different countries in the region“.[27]According
to the number and nature of the problems, the issues refer especially to
creation of the preconditions for minority returns to the
17. In
October 2003, the Government adopted the National Programme on Roma. The
Government adopted the program considering the specific position of Roma
community, long-term living on the margins of the society and need for their
comprehensive integration into Croatian society. The Government “
believed that Roma could not surmount current difficulties and was decisively
trying to change existing situation aiming to establish full exercise of the
rights guaranteed by the Constitution and within the legal system of the
Republic of Croatia and to eliminate all kinds of discrimination.''[28]
d) Respect for general (Human) rights of persons belonging to minorities and the rule of law
18. Respect for (human) rights of persons
belonging to certain national minorities, especially Serbs and Roma, remains
the problematic result of war inheritance and long-term discriminatory
policies. Discriminatory legislation were, in most cases, replaced with new
legal solutions which, still, in certain areas do not influence the results of
discriminatory policies, laws and their implementation and decisions passed in
1990s. Discrimination problems still exist in cases of recognition and
exercising of wide spectrum of acquired rights such as status, property,
pension, social, labour, tenancy and compensation rights. In most cases, the
issues are faced by ethnic Serbs, refugees and displaced persons, who lived in
former, so called, “Republic of Serb Krajina” during the war.[29]
The fact that the judicial and administrative bodies do not recognise the
existence of war (Homeland War 1991 – 1995) as legally relevant in exercise and
recognition of the acquired rights of the above citizens is one of the main
problems causing discriminatory treatment against those people and influencing
their remaining in or/and sustainable return to the Republic of Croatia.
Following that, the war as a “vis major” did not happen to some citizens
(mostly ethnic Serbs) and, therefore, the legislative applied in certain cases
concerning those people were those usually used under normal circumstances
(peacetime). Referring to press release of the Human Rights Watch from January
09, 2004, “ refugee return and responsibility for war crimes are the key human
rights issues establishing Croatian way to Europe''.[30]
Roma in Croatia are the victims of discrimination in exercising wide spectrum
of rights such as citizen status rights, housing, health protection, education,
employment, access to public services and other. Referring to the reports by
European Roma Rights Centre, Roma do not enjoy equal legal protection, they are
facing discrimination within the legal system.[31]
19. State authorities in the Republic of
Croatia are established on the principle of separation of powers into
legislative, executive and judicial authorities (Article 4 of the Constitution
of the Republic of Croatia). The Constitution guarantees the right to legal
protection but “the courts were exposed to political influences, inefficient
bureaucracy, lack of finances and large number of unsolved cases ''[32]
(there were 1.382.867 delayed cases before courts in 2002[33])
despite the continuous decrease of the political pressure. A proper functioning
of the judiciary and an adequate implementation of the Law continue to be a
serious problem whereas delays within certain segments of the judiciary
jeopardise the rule of law.[34] There have been many complaints against the
work of the judiciary related to discrimination; different approach concerning
similar cases on the basis of national
(ethnic) identity of the clients. The
OSCE report on war crimes trials before national courts in 2002 confirms the
above stated. It mentions that despite certain success being achieved,
“procedural and contextual issues, especially those related to the national
background of the defendants as well as the victims, continued to influence the
processing of war crimes in Croatia”.[35]
Ombudsman for Human Rights and the Constitutional Court of the Republic of
Croatia are the most important institutions for protection of human and
minority rights. Governmental Human Rights Office, Office for National
Minorities as well as Parliamentary Committee for Human Rights and the Rights
of National Minorities are also dealing with the same issues. Since the
Republic of Croatia has ratified the European Convention for Protection of
Human Rights and Fundamental Freedoms in November 1997, certain individuals who
believe that their human rights guaranteed by the Convention are being violated
can appeal to the European Court for Human Rights. According to the opinion of
the European Commission, many appeals and cases before the European Court for
Human Rights indicate (also) procedural problems within Croatian judiciary
including the scope of activity of the Constitutional Court as an effective
remedy in the fields of human rights and/or real concern with the respect of
human rights in particular laws, especially those regulating property rights
related to the war period.[36]
But, the European Court for Human Rights is not an adequate protection in the
above cases of violations of acquired rights since, in most cases, the
violations of those rights happened before the Convention was ratified (the
institute ''rationæ temporis''). Insufficient number of judges as well as
the fact that some experienced judges, unfit for the regime of president
Tudjman for their political affiliation or ethnicity lost jobs and were
replaced by politically fit resources of a dubious quality and professionalism,
negatively influenced the situation in judiciary.[37]
For example, a verdict in a war crime case against one person belonging to the
Serbian minority passed by the County Court in Gospic in August 2003 which was
abolished confirms the above assertion. The verdict explanation says that the
defendant was guilty not only of the war crimes committed in 1991-1995 war but
also of crimes and genocide that Serbs have been committing over Croats for as
long as 500 years, when Serbs, together with Turks (the Ottoman Empire) came to
Croatia intending to destroy Croats and that “the defendant along with his
predecessors set on the Croatian back for the last 80 years”.[38]
20. While the return of displaced Croats
(expellees) has almost come to its end, the problem of minority refugees and
displaced persons (mostly ethnic Serbs) continues to be the greatest and the
most serious human rights violation issue related to the violation of the
rights of refugees belonging to minorities and discrimination in the Republic
of Croatia. The Resolution of the UN Human Rights Committee adopted in 2001
also recognises the link between minority and refugee problems.[39]
The total number of the officially registered refugees in Serbia and Montenegro
and Bosnia and Herzegovina is about 210.000 persons, which makes almost 1/3 of
the whole minority population of the Republic of Croatia. The official number
of displaced Serbs is 1.702 persons[40],
but the real number is still under the question mark and presumably several
hundreds higher than the official one. For example, Centre for Peace Vukovar,
in mid 2003, collected information on about one hundred displaced persons
currently living in two small villages near Vukovar who were not registered as
displaced persons. (see paragraph 29. Statutory Rights)…
21. Representatives of local NGOs from
Croatia, Bosnia and Herzegovina and Serbia and Montenegro included into
“Regional Legal Assistance Programme” project, who work directly with clients,
collect information on human rights violations in the field as well as analyse number
and the nature of their cases concluded, among the other things great number of
violations of acquired refugee and displaced persons’ rights (mostly ethnic
Serbs) come under category of human rights violations and discrimination on the
basis of their nationality, ethnicity and religion. The Human Rights Watch came
to the similar conclusion in the statement they published in September 2003
when promoting the report “Broken Promises: Impediments to Refugee Return to
22. The European Commission, in its opinion
on the
23. (Sustainable) minority returns and all
issues related to that process present very complex matter. There are still a
large number of political, legal and economical obstacles. The Government of
the Prime Minister Racan had no strength, and, possibly, no will, to
constructively approach solving of those problems and to reduce the influence
of local extremists and right wing politicians on local levels. Controversial
statement by the “reformist” Prime Minister Racan from 2002 was noted. He
declared that “mass return of Serbian refugees to
24. Commenting on the Human Rights Watch
report dated May 14, 2004, Mrs. Jadranka Kosor, the vice president of the
Government of the
25. According to the assessment by OSCE from
December 2003 “The legislative and
administrative framework for return continues to improve, albeit at a moderate
pace and without the determined implementing efforts which are required to
obtain significant results”.[48]
Although it is an internal political document, co-operation agreement signed
between the Government and the SDSS representatives significantly contributes
to the improvement of the general atmosphere and conditions for the refugees
and displaced persons to return. Co-operation between the Government and the
representatives of the international community related to the return issues is
somehow difficult as the activities of the Working Group on Legislation stopped
in January 2003, it being a joint body of the representatives of the Government
and the international community.
26. The biggest problems in creation of
preconditions for the physical return of refugees and displaced persons lay in
a dispute over the repossession of the private property, solving of acquired
rights of former tenancy rights holders who use to live in socially-owned
apartments and statutory issues while the most significant progress was noticed
in deciding on the applications and provision of assistance in the
reconstruction of war damaged or destroyed buildings.
27. Private property (houses)
repossession continues to be problematic and slow considering the fact that
the first deadline for the repossession was the end of 2002 and the second, the
end of 2003, both of which were not respected. A number of former refugees who
returned to the
Associations Civil Rights Project
from Sisak and “HOMO” Pula, Korenica Office possess many examples[52]
of property destruction committed by temporary users prior to the repossession
of that property by its rightful owner. The owner repossesses completely
destroyed and empty house without even a minimal living conditions. The state,
in such cases, does not sanction former property user but also provides no
material or any other assistance to the owner. The owner has no resources
needed to repair the house or to create the minimum of living conditions in
such a repossessed house. The Office for Displaced Persons and Refugees (ODPR),
in their records on taking over the properties, does not describe the actual
conditions of the property that is being repossessed by the owner. The
above-mentioned associations registered no examples in which the ODPR filed an
action for damages or brought criminal charges against such actions to the
competent State Attorney’s Office. The same sources speak of examples[53]
in which, upon handling over of the estates to the owner, Croatian
Electric-Power Company cuts the power and water supplies to the owners while
temporary users who use to live in same house move to new premises and are
being provided with free connection to electricity and water. There are even
more drastic examples of temporary users who failed to pay the bills for
electricity and water supply. Croatian Electric-Power Company and Communal
Company require for those bills to be paid as they hold this to be a
precondition for connecting the owners to the power (see under Article 18
paragraph 8 of the Law on Areas of Special State Concern). However, “repossession of other types of property
continues to be unsolved. This includes business premises and land as well as
some properties taken over from the occupants following other regulations
excluding the Law passed in 1995.”[54]
The looting of movable property by temporary occupants while leaving houses and
apartments by temporary occupants is also a problem. According to the 1995 law,
the properties were taken over in order to be protected and preserved. Relevant
state bodies did the inventory of movable properties. It is bewildering that,
although preserved, the inventory lists of movable properties are unavailable
to the owners so that they can not prove the thefts in courts. Although the
Government regulated the right to financial compensation for the owners of the
houses occupied in accordance with the Law on Temporary Take-over and
Management over Certain Properties passed in 1995, very few compensations are
being paid (in the end of 2003, the compensations were paid to 450 owners out
of 3900 who requested the compensation. Compensation agreements were delivered
to more than 1200 addresses so far.).[55]
Several hundreds of cases of owners who refused to sign the compensation
agreements because of refusal by the competent ministry to pay back interest,
although the ministry is required by law to pay interest, were registered.
28. Tenancy rights come under the
category of property right in urban areas of the Republic of Croatia and in the
whole of the former SFRY and were considered to be a broad right to use the
apartments that were, at that time, socially owned. Largely discriminated,
Serbs (dozens of thousands) who left their homes (for fear or pressures during
1991 – 1995 Homeland War) were deprived of their earlier tenancy rights while
Croats, with a few exceptions, were enabled in re-exercise of those rights[56]
and all those who did not flee or were not expelled were enabled in buying,
e.g. privatise those apartments under special facilities. Tenancy rights
terminations, e.g. termination of the right to home in courts were conducted
following the pre-war Law on Housing Relations and the Law on Lease of
Apartments in Liberated Areas passed in 1995. According to the Law on Housing
Relations, non-using of the apartment for 6 months was a reason to terminate
the tenancy right. According to the Law on Lease of Apartments in Liberated
Areas, the tenancy rights would be terminated in areas controlled by Serb
forces until 1995 (former Republic of Serb Krajina) in case the apartment was
empty for over 90 days. Strict implementation of the pre-war Law on Housing
Relations and ignoring of special war circumstances, fear, violent and illegal
evictions and expelling as well as adoption of the Law on Liase of Apartments
in Liberated Areas were aimed to directly prevent the return and exercise of
the rights for expelled and exiled Serbs. Tenancy rights termination procedures
before courts were proceeded in absentia with, in some cases, with
official appointing of legal representative in order to satisfy the formality
and without a real essential significance. The former Deputy Prime Minister,
Mrs. Zeljka Antunovic, strongly reacted to the 2001 report by OSCE that pointed
out the need to solve the issue of tenancy rights. Assistant Minister for
Public Works, Reconstruction and Construction and the Head of the Office for
Displaced Persons and Refugees, Mr. Lovre Pejkovic, said that the OSCE was a
“frivolous organisation”[57].
In March 2002, he claimed that the Government was not responsible towards the
former tenancy rights holders[58].
“The most significant housing-related human rights
concern and obstacle to refugee return continues to be the lack of legal and
practical redress available to families who lived in socially owned apartments
and whose OTR were terminated… Although the Government continues to avoid a
discussion on the underlying legal and human rights aspects of the termination
of OTR…”[59] The
Government adopted two programs (2000-2 and 2003) related to housing of former
tenancy rights holders who decide to return to and live in the Republic of
Croatia. “Acquired” rights of ethnic Serbs coming from the tenancy rights were
reduced to a humanitarian problem in this way. But, the programs are still not
operable and allow high level of arbitrariness in deciding on the housing.
Compared to former tenancy rights holders, who signed contracts on leased or
privatised the apartments in the past, and, as such, in some cases even present
impediments to return, nowadays housing-applicants are discriminated and their
“acquired” rights continue to be denied (for example, if a former tenancy
rights holder possesses or, in the meantime, became the owner of a family house
or an apartment in the Republic of Croatia or any other former republic of
former Yugoslavia and if he or she did not alienate these properties in any way
after October 1991). Discrimination can also be noticed in the fact that two
separate housing “programs” were adopted, one for so called areas of special
state concern (former areas of conflict)[60],
where mostly ethnic Croats exiled from Bosnia and Herzegovina need to be taken
care off, and second one related to other parts of the country[61]
mostly concerning housing of exiled Serbs. This presents a duality within the
legal system of one country. Discrimination and different approach in exercise
of rights on the basis of ethnicity is also visible in the fact that the first
housing “program” is regulated by the law and the second one only by the Government’s
Conclusion and through sub-legal acts.
The
Government never took into consideration NGO suggestions on possible solutions
of former tenancy rights holders. These included the following options:
1.natural restitution where ever possible, 2. allocation of a substitute
apartment of building and 3. financial compensation. Some NGOs in the region
criticised the Conclusion of the Government of the Republic of Croatia on
Housing of Returnees to Croatia – Former Tenancy Rights Holders dated June 12, 2003.[62]
It
is striking that even Mr. Ante Klarić, the Ombudsman of the Republic of
Croatia, the institution dealing with human rights protection issues, in his
report to the Parliament of the RoC supports the idea to deny the right to any
compensation to former tenancy rights holders since they “…left the Republic of
Croatia without any valid reason to join to the enemy forces or to avoid to
participate in defence of Croatia.”[63]
Such opinion opens space for adopting same criteria and opinions in denying
possibility for exercise of other acquired rights such as pension rights,
labour rights, social and other rights, which imposes questioning of the
institution of Ombudsman as relevant in protection of the mentioned rights
pertaining to exiled and displaced Serbs. In March 2002, the Republic of
Croatia ratified the Succession Agreement (regulates division of rights,
obligations, resources and debts of former Socialist Republic Of Yugoslavia
(SFRY) between its successor states (for details see under Item IV.XVI COMMENTS
on the implementation of the Article 18 of the FCNM).
29. Statutory rights, in the sense of
return and regulation of a wide spectrum of the rights in the Republic of
Croatia, such as regulation of the right to Croatian citizenship and permanent
address present an additional problem for Serbian refugees who could not prove
they were or never were the citizens of the former Socialist Republic of
Croatia. The Croatian Law on Citizenship contains discriminatory provisions on
acquiring Croatian citizenship. All ethnic Croats, regardless of their
permanent address prior to the declaration of independence of Croatia are
entitled to Croatian citizenship. However, the procedure for obtaining Croatian
citizenship for persons belonging to other ethnic groups who did not have
Croatian citizenship in the past is much more complicated than for ethnic
Croats, regardless of how many years they legally lived in Croatia. These
discriminatory provisions, besides a number of refugees (ethnic Serbs) affected
more persons belonging to some other minorities, such as Roma, Bosniaks and
Albanians. So, for example, Roma NGOs estimate that about 25% or Roma
population in Croatia has no citizenship documents.[64]
The citizenship is one of the most important criteria required for the exercise
of a wide spectrum of rights related to social welfare, employment, citizens’
rights and many other. The problems of recognition of the right to citizenship
for some persons of Serb ethnicity who realised this rights in the past and can
prove their citizenship through Croatian citizenship certificates issued during
the former Socialist Federal Republic of Yugoslavia were registered in wider
Knin area. These persons are advised to start the procedures for establishing
the citizenship or for additional registration in the book of citizens of the
Republic of Croatia.[65]
Many
other exiled persons, “non-citizens”, were deprived of their permanent
addresses in the Republic of Croatia. Upon pressures by international
community, in September 2002, Croatian authorities agreed to recognise refugees
/ returnees who had permanent addresses in Croatia on October 8, 1991 (the date
of termination of relations with the former Yugoslavia) as foreigners with
permanent right to reside. A particular problem related to permanent address,
which is to be declared when issuing all relevant documents, affected displaced
persons of Serbian ethnicity, former tenancy rights holders and members of
their families who were already issued Croatian documents (ID cards and passports)
during the UNTAES period on the basis of their pre-war permanent addresses.
Upon the expiration of the documents issued within the UNTAES period, the
above-mentioned persons were unable to get new documents using the old
addresses of their pre-war permanent residence although they never cancelled
their registrations. They were told that since their tenancy rights were
terminated they needed to register on a different permanent addresses (which
implies that they needed to either own a house or an apartment or make a lease
agreement) in order to be able to get new documents. In accordance to the
current Croatian laws, only the person who registered his or her permanent
address can cancel it. The question by the citizens on how it was possible that
they were able to issue personal documents on their pre-war permanent addresses
during the UNTAES mandate (in 1997 and 1998) regardless of the fact that, in
most cases, the tenancy rights were terminated in 1995/6, were frequently
answered by relevant officers saying that this happened because of the UN
presence and mandate.[66]
Certain problems also occurred with the cancellations of the status of
displaced persons without any written decisions by the Office for Displaced
Persons and Refugees (ODPR) under the pretext that these persons were not found
at their registered addresses during the re-registration. It was noticed that
some displaced persons lost their status despite the fact that they lived in
the addresses at which they were registered. This could have been proven by the
police registration records of those people’s temporary addresses, however
regional ODPR’s offices did not take it into their consideration. The loss
(Lost) of the status caused unfeasibility to exercise certain rights, such as
the right to vote at the elections in places opened for displaced persons and
exercise of the right to adequate alternative accommodation if evicted from
temporary occupied accommodation and similar.[67]
Problems in exercise of statutory but also property and tenancy rights affected
and limited the right to freedom of movement of refugees and displaced
persons.
30. Reconstruction of war damaged or
destroyed accommodation units – The second half of 2002, unlike the
previous period, registered a significant number of decisions on allocation of
state assistance to Serb beneficiaries[68],
and the same trend continued in the following period. According to the OSCE
data, at the end of 2003, “The Government’s
efforts to provide reconstruction assistance are bearing positive results.”[69]
Decision procedures on reconstruction applications of ethnic Serbs speeded up
significantly in 2003. Since the reconstruction of properties owned by ethnic
Croats was almost completed, about 75% of reconstruction beneficiaries in 2003
were Serbian returnees. That percentage is expected to reach the amount of
about 80% in year 2004. The planned deadline for the completion of the
reconstruction of all war damaged accommodation units (houses and apartments)
is the end of 2005.[70]
The Government, at the beginning of 2004, decided to extend the deadline for
submitting reconstruction applications to September 30, 2004. For all those who
did not submit their applications within the earlier deadlines, this extension
should enable them to do so within the latest one. The Law on Responsibility
for the Damage Caused by Terrorist Acts and Public Protests and the Law on the
Responsibility of the Republic of Croatia for Damages Caused by the Members of
Croatian Military and Police Forces During the Homeland War were adopted in
July 2003. In this way, for the first time since 1996, it was possible to get
compensation for the damages and to exercise the right to reconstruction of
buildings owned by Serbs that were destroyed during the war in and outside
(territory controlled by Croatian Government) the conflict areas that were not
included into reconstruction related legislation. Croatian Parliament, however,
in January 1996, annulled the Article 180 of the Law on Obligations[71]
that regulated the responsibility of the state for compensation of the damage
caused by terrorist acts. Thousands of owners (mostly ethnic Serbs) whose
properties were damaged were deprived of legal means for requesting and
exercise the right to compensation for damages. Since the Government, before
2003, showed no interest in regulation of this right, it seemed that adoption
of the Law in July 2003 was, firstly, the result of the verdict by the European
Court for Human Rights[72]
passed in March 2002. This verdict establishes that by annulling the Article
180 of the Law on Obligations, The Republic of Croatia violated provision of
the European Convention for Human Rights Protection on the right to access to
court, e.g. the right to fair trial. Adopted laws have retroactive effect and
regulate the rights foreseen by the regulation annulled in 1996 in less
favourable way. It means that new regulations do not regulate the right to
financial compensation but refer to exercise of the right to reconstruction in
accordance to the Law on Reconstruction. In reference to this Law, it is
necessary to meet special criteria in order to exercise this right.
Additionally, it does not allow comprehensive compensation, e.g. reconstruction
of the buildings to the condition prior to the damage.
31. Some believe that despite all verbal
promises obliging the Croatian investigative and judicial bodies to find and
process all war crimes and punish their perpetrators, there is still no genuine
political will to do so. Investigations, if they are conducted at all, are
dictated by the wish to make an impression to the international public that
Croatia is doing at least something. Results clearly show the lack of
decisiveness and that it is only an illusion being created on investigation of
the war crimes committed by Croats.[73]
The UN Committee Against Torture, in May 2004, expressed their concern with the
failures in implementation of fast, impartial and complete investigations,
failures in processing the criminals and provision of fair and adequate
compensations to the victims of dual standards in all phases of court
procedures against ethnic Serbs.[74]
The Committee was concerned with the reports on intimidation, harassment and
threats facing witnesses and victims and lack of adequate protection for those
persons by the state.[75]
Ethnic biases, non-transparency and political influence in arrests and war
crime trials, negatively affect the process of return of ethnic Serbs who were
not suspects or convicted of war crimes and their wish to stay. For more
statistical information on these problems, see: OSCE Mission to Croatia –Report
on War Crime Trials Before Domestic Courts in 2002, February 2004.
32. Political, administrative and legal
problem in exercising acquired and non-realised social and economic rights
impede the return of exiled and displaced Serbs and full integration of the
whole population from formerly conflict areas under the UN protection and
control of local Serb forces into Croatian society. “ Serious and permanent
obstacles to return and re-integration of ethnic Serb refugees is the fact that
the authorities did not recognise or “convalidate” their legal and
administrative documents from the 1991 – 1995 conflict period”[76],
despite the fact that Croatia was obliged to respect the Law on Convalidation,
which was passed in 1997 as a result of the pressure by the international
community.[77]
Convalidation of individual legal acts and decisions is of a great importance
when regulating the rights to pension, recognition of working experience and
certain labour related rights, disability insurance rights and other. The Law
on Convalidation specified no final deadline for submitting the application for
convalidation but the sub-legal acts limited it to April 10 1999. Exiled ethnic
Serbs, since they lived outside the country and had no valid documents at the
time could not respect this deadline. In procedures related to the
implementation of the Law, many irregularities and obstructions were noticed in
the work of administration which set criteria that most of interested persons
were unable to meet. A specific issue in submitting the convalidation
application was that, as of December 1999, the applicants for convalidation of
working experience were obliged to provide the authorities with the statement
on their participation or otherwise in paramilitary forces (former army of the
“Republic of Serb Krajina”). Sub-legal act [78]
stipulates that the period of professional engagement with the army of former
“RSK” shall not be recognised as working experience, therefore, in case the
applicants give such a statement they are provided with negative decisions for
the whole working period they applied for to be recognised, regardless of how
long they were in the army.[79]
The Government is persistent in its denials of the requests for prolonging or
abolishing the deadlines for submitting the applications for convalidation
although those deadlines, in opinion of some NGOs have no firm legal ground. A
specific problem is also the fact that exiled and displaced Serbs were, the
same as in tenancy rights cases, excluded from the privatisation process,
distribution and buying off shares they were entitled to buy with the discount
in the companies they were working with. Matured but unpaid pensions for the
period 1991 – 1997 present a problem of pensioners, refugees and displaced
persons, who lived outside the area controlled by Croatian authorities during
the war. The problem refers to pensioners, Croatian Pension Fund
policy-holders, who were not receiving pension instalments since they were
forced to leave places of their permanent residence for different reasons,
breakdown in communications between the territories controlled by Croatian
authorities and those controlled by local Serbian forces where the pensioners
lived. Croatian Institute for Pension Insurance refuses to recognise the right
to pension instalments for the period of seized payments from 1991 to 1997
explaining that the “para-fund”, e.g. pension fund of the Republic of Serb
Krajina already paid the pensions to those pensioners. Such opinion is under
the question mark for multiple reasons such as the fact that Croatian pension
fund, in July 1996, gave initial instructions on payments of matured but unpaid
pension instalments to their policy-holders from former RSK area and that there
were some cases of payments of unpaid pensions to those pensioners who returned
to their pre-war permanent addresses (the areas that were controlled by
Croatian forces during the war) right after the conflict finished.[80]
Arguments for the payments of matured but unpaid pensions include: the fact
that the RSK pension fund never passed any decision on establishment of pension
instalments and the amounts to be paid and that the amounts that were paid to
the pensioners were kind of financial assistance or advanced payment (the
amounts that were paid were extremely low); even if those payments are to be
considered advanced payments, Croatian pension funs still needs to pay the
difference between those amounts and regular pensions to its policy-holders;
many refugees (who lived outside the RSK territory), for a long time, received
no pensions or financial assistance at all based on their pension insurance;
etc. In accordance with its Letter of Intent submitted to the UN Security
Council on completion of peaceful reintegration of territories under the
transitional administration of the UNTAES, the Republic of Croatia took the
obligation to recognise full enjoyment of all social and health rights in
accordance with the law and other regulations of the Republic of Croatia,
excluding the rights stipulated by the Law on Homeland War Defenders, to
persons belonging to Serbian and all other minorities in the territory under
transitional administration who are the victims of war, disabled persons in
particular, widows and orphans.[81]
But, in practice, these rights were difficult to exercise because the
administration refused to convalidate relevant decisions issued by the RSK
bodies during the RSK period; set up of impossible criteria in establishment of
facts relevant to exercise of certain rights; and similar administrative and
political obstructions.[82]
e) Security situation / Ethnically motivated incidents
33. In its report from December 2003, the
OSCE claims that general level of security in Croatia remains satisfying. “
There are very few ethnically motivated incidents. Despite that, the
persecution of such incidents is rather difficult since there are no adequate
regulations to mark such behaviour as a criminal act.”[83]
“Although the security situation improved, it seems that the insecurity
perception among potential Serbian returnees still de-stimulates return. Such a
perception is increased by appearance of the long list of alleged war criminals
of Serbian ethnicity that was published on the Internet by Croatian
nationalists.”[84] The
OSCE reported on several ethnically related incidents where the perpetrators
were charged with misdemeanour offences, such as disturbing public order,
rather than criminal offences; in a majority of the cases, police and
prosecutors were reluctant to identify the cases as ethnic discrimination.”[85]
Incidents
against returnees, ethnic Serbs, in most cases happened in the areas of return,
Dalmatia for example. Interethnic incidents were also noticed among the
students of one secondary school in Vukovar. The report on human rights
practices in Croatia for 2003 by the US Bureau of Democracy, Human Rights and
Labour mentions that ethnic Serbs in war affected areas were still the subjects
to harassments, intimidations and occasional violence on a regular basis. “…In
May, an ethnic Serb woman was verbally abused and attacked with a whip by her
neighbour in the village of Kljucar in Vojnic municipality. Police took the
attacker into custody, and the woman sought medical treatment for head and back
injuries. In June, a group of young men smashed the windows of a home owned by
a Serbian woman in Daruvar. Police intervened and caught the perpetrators;
however, the owner of the home complained that police treated her
inappropriately during questioning. In Benkovac, in July, police intervened on
behalf of an ethnic Serb returnee whose neighbour has verbally harassed and
threatened him since his return in 1999; however, despite the fact of repeated
instances of extremely provocative hate speech and an attempt to break into the
returnee's home, the police said they would cite the offence only as a public
disorder. In August, an ethnic Serb returnee was physically attacked by his
neighbour in Pakrac and suffered injuries when he tried to re-connect his house
to the local water supply. Although police investigated, the returnee expressed
dissatisfaction with the security in the area and stated his intention to leave
the country. Also in August, a Bosnian Croat settler who occupies a Serb house
in Donji Lapac was alleged to have shouted, abuse and attacked an ethnic Serb
youth with an axe. The incident was reported to police, but no criminal charges
were filed.”[86] Attacks
against Serbian returnees and their properties continued in 2004 in villages
Biljani Donji and Zemunik Gornji in the area of Zadar County. The president of
Serbian National Council and the member of the Parliament, person belonging to
Serbian minority, Mr. Milorad Pupovac, visited Zemunik Gornji after the
incident and said: “We know of groups of people that are the source of such criminal
acts in Zadar area. We are wondering why the police does not finish its work?”[87]
The European Roma Rights Centre mentions the incidents against Roma and their
properties in Zagreb at the beginning of 2003. – Two masked attackers broke
into one house near Zagreb and beat up the whole Roma family, including a
nine-year old girl and her disabled father. In the same month, a group of
youngsters physically attacked one Roma person and burned his car. In February
in Trokut settlement in Zagreb, after frequent threats a house owned by a Roma
was burned to the ground by the neighbours. Roma associations accused the
skinheads and similar groups for most of the attacks and complained against
insufficient engagement of the police. Večernji List quoted Mr Kasum Cana,
president of the Roma Culture Centre, stating that, in Zagreb in average, two
Roma per week are violently attacked.[88]
European Roma Rights Centre considers the protection against discrimination and
racially motivated violence inadequate, while penal, civil and administrative
punishments related to combat against racism and discrimination weak and
exacerbated by failures in the effective implementation.[89]
Several
cases of violence against foreigners were registered in 2003 – ”Zagreb police
pressed charges against seven minors and one adult suspected of involvement in
three separate attacks in July and August against foreigners. The incidents
involved an attack on an Egyptian student, an 11-year-old Egyptian boy, and an
Austrian family of Pakistani origin. Government officials publicly condemned
the allegedly racially motivated incidents.”[90]
For
details on incidents aimed against religious buildings and cemeteries and
cultural institutions, see under Item IV.IV.
Incidents aimed towards Ethnic Croats, e.g. official state signs of the
Republic of Croatia, were also registered, such as drawing of Serb
nationalistic graphite in Baranja and Karlovac areas, damage to the monuments
devoted to Croatian war victims in Vukovar, removing the Croatian flag in
village of Turanj, etc. Croatian nationalistic graphite regularly appear in
almost all former areas of conflict but elsewhere too. NGOs and individuals
occasionally reported on the police harassment and discriminatory treatment of
minorities in Danube region (former UNTAES) and outside that region.[91]
IV Implementation of the
articles of the Convention
IV.I
Article 1
The protection of national minorities and of the rights and freedoms of
persons belonging to those minorities forms an integral part of the international
protection of human rights, and as such falls within the scope of international
co-operation.
Article 2
The provisions of this framework Convention shall be applied in good
faith, in a spirit of understanding and tolerance and in conformity with the
principles of good neighbourliness, friendly relations and co-operation between
States.
National legislation (pursuant to the articles 1 & 2 of the FCNM):
Article 140
International agreements concluded and ratified in accordance with the
Constitution and made public, and which are in force, shall be part of the
internal legal order of the Republic of Croatia and shall be above law in terms
of legal effects. Their provisions may be changed or repealed only under
conditions and in the way specified in them or in accordance with the general
rules of international law.
Article 1.
The Republic of Croatia, in accordance with:
- the Constitution of the Republic of Croatia,
- the principles of the Charter of the United Nations,
- the General Declaration on the Rights of a Man, International Pact on
Civil and Political Rights, International Pact on Economic, Social and Cultural
Rights,
- the Final Act of the Organisation for Security and Co-operation in
Europe, the Paris Charter for New Europe and other OSCE documents related to
the rights of a man, especially the Document of the OSCE Copenhagen Meeting on
Human Dimension and the Document of the OSCE Moscow Meeting on Human Dimension,
- the Convention of the Council of Europe for Protection of the Rights
of a Man and Fundamental Freedoms, as well as the Protocols with this
Convention,
- the International Convention on the Repeal of all Forms of Racial
Discrimination, the Convention on the Prevention and Penalising of the Crime of
Genocide, the Convention on the Rights of a Child,
- the Declaration on the Repeal of all Forms of Intolerance and
Discrimination on the Grounds of Religion and Conviction,
- the Convention on Fighting against Discrimination in the Area of
Education,
- the UN Declaration on the Rights of Persons belonging to National or
Ethnic, Religious and Linguistic Minorities,
- the Framework Convention of the Council of Europe for the Protection
of National Minorities,
- the European Charter on Regional and Minority Languages,
- the European Charter on Local /Settlement/ Self-government,
- the SEI instruments for the protection of minority rights,
- the Lund Recommendation on the Efficient Participation of National
Minorities in Public Life
shall take an obligation to respect and protect the rights of national
minorities and other fundamental rights and freedoms of a man and citizen, the
rule of law and all other highest values of its constitutional and
international legal system, with respect to all its citizens.
Article 2.
Apart from human rights and freedoms which are recognised by
constitutional provisions, the Republic of Croatia also recognises and protects
all other rights foreseen in the international documents as per Article 1 of
this Constitutional Law, depending on the exceptions and limitations foreseen
in these documents, without discrimination on the basis of sex, race, the
colour of skin, language, professing of religion, political and other
conviction, national and social origin, connection with a national minority,
ownership, the status inherited by birth or pursuant to some other basis, in
compliance with Articles 14 and 17, Paragraph 3 of the Constitution of the
Republic of Croatia.
Article 40.
Nothing contained in this Constitutional Law shall be interpreted as if
it includes any right to perform any kind of activity or conduct acts contrary
to the fundamental principles of the international law, and in particular the
sovereignty, unity, territorial integrity and independence of the Republic of
Croatia.
Article 41
This Constitutional Law shall neither change nor abolish the rights of national minorities acquired on the basis of international agreements which are, pursuant to the Constitution of the Republic of Croatia, a part of the internal legal system of the Republic of Croatia.
Comments referring to the implementation of the Articles 1 and 2 of the
FCNM:
-
The Republic of Croatia set both formal and legal frames within its national
legislation for the adequate implementation of the Articles 1 and 2 of the
FCNM. Nevertheless, considering the problems in implementation of the
provisions of the Convention presented in this report and a great engagement
and influence of the international community in so far positive examples in
areas of protection of human and minority rights in the Republic of Croatia, it
yet remains to be seen up to what level the provisions of the Convention are
being implemented in a “good faith”.
IV.II
Article 3
1. Every person belonging to a national minority shall have the right
freely to choose to be treated or not to be treated as such and no disadvantage
shall result from this choice or from the exercise of the rights which are
connected to that choice.
2. Persons belonging to national minorities may exercise the rights and
enjoy the freedoms flowing from the principles enshrined in the present
framework Convention individually as well as in community with others.
Article 4
1. The Parties undertake to guarantee to persons belonging to national
minorities the right of equality before the law and of equal protection of the
law. In this respect, any discrimination based on belonging to a national
minority shall be prohibited.
2. The Parties undertake to adopt, where necessary, adequate measures
in order to promote, in all areas of economic, social, political and cultural
life, full and effective equality between persons belonging to a national
minority and those belonging to the majority. In this respect, they shall take
due account of the specific conditions of the persons belonging to national
minorities.
3. The measures adopted in accordance with paragraph 2 shall not be
considered to be an act of discrimination.
National legislation (pursuant to the articles 3 & 4 of the FCNM):
Article 3
Freedom, equal rights, national equality and equality of genders, love
of peace, social justice, respect for human rights, inviolability of ownership,
conservation of nature and the environment, the rule of law, and a democratic
multiparty system are the highest values of the constitutional order of the
Republic of Croatia and the ground for interpretation of the Constitution.
Article 14
(1) Everyone in the Republic of Croatia shall enjoy rights and
freedoms, regardless of race, colour, gender, language, religion, political or
other belief, national or social origin, property, birth, education, social
status or other characteristics.
(2) All shall be equal before the law.
Article 15
(1) Members of all national minorities shall have equal rights in the
Republic of Croatia.
(2) Equality and protection of the rights of national minorities shall
be regulated by the Constitutional Act which shall be adopted in the procedure
provided for the organic law.
(3) Besides the general electoral right, the special right of the
members of national minorities to elect their representatives into the Croatian
Parliament may be provided by law.
(4) Members of all national minorities shall be guaranteed freedom to
express their nationality, freedom to use their language and script, and
cultural autonomy.
Article 26
All citizens of the Republic of Croatia and aliens shall be equal
before the courts, government bodies and other bodies vested with pubic
authority.
Article 39
Any call for or incitement to war, or resort to violence, national,
racial or religious hatred, or any form of intolerance shall be prohibited and
punishable by law.
Article 44
Every citizen of the Republic of Croatia shall have the right, under
equal conditions, to take part in the conduct of public affairs, and to have
access to public services.
Article 4 paragraph 1, 2, & 4
(1) Every citizen [drzavljanin] of the Republic of Croatia shall have:
the right to express freely that he is a member of a national minority in the
Republic of Croatia; the right to exercise, alone or together with other
members of that national minority or with members of other national minorities,
the rights and freedoms stipulated by this Constitutional Law and other
minority rights and freedoms stipulated by special laws.
(2) Members of national minorities shall exercise the rights and
freedoms stipulated by the Constitution of the Republic of Croatia, as well as
the rights and freedoms stipulated by this Constitutional Law and special laws,
in the equal manner as other citizens [gradjani] of the Republic of Croatia.
(4) Any discrimination based on affiliation to a national minority
shall be forbidden. Members of national minorities shall be guaranteed equality
before the law and equal legal protection.
Article 5
A national minority in the sense of this Constitutional Law shall be a
group of Croatian citizens [drzavljani], whose members have been traditionally
settled in the territory of the Republic of Croatia, and who have ethnic,
linguistic, cultural and/or religious characteristics which are different than
those of other citizens [gradjani], and who are guided by the wish for the
preservation of those characteristics.
Article 7
The Republic of Croatia shall ensure the exercise of special rights and
freedoms of members of national minorities which they enjoy individually or
together with other persons belonging to the same national minority, and
together with members of other national minorities when it is stipulated by
this Constitutional Law or a special law, in particular:
1. the use of their language and script, privately and in public use
and in official use;
2. education in the language and script which they use;
3. the use of their signs and symbols;
4. cultural autonomy by way of preservation, development and expression
of one’s own culture and the preservation and protection of one’s cultural
assets and tradition;
5. the right to profess one’s religion and to establish religious
communities together with other members of that religion;
6. access to the media and the performance of activities of public
information (receiving and forwarding information) in the language and script
which they use;
7. self-organising and association for the purpose of exercising mutual
interests;
8. representation in the representative bodies at the state and local
level and in administrative and judicial bodies;
9. participation of members of national minorities in the public life
and in management of local affairs through the councils and through
representatives of national minorities;
10. protection from any activity which endangers or may endanger their
existence, the exercise of rights and freedoms.
Article 9
(1) Members of national minorities shall have the right to use their
surname and name in a language which they use, and to its official recognition
for them and their children through the entry into registers of births,
marriages and deaths and other official documents, in compliance with the
regulations of the Republic of Croatia.
(2) Members of national minorities shall have the right to have the
form for the personal identification card printed and filled out also in the
language and script which they use.
Article 1.
(1) Protection of personal data and supervision over collection,
processing and use of any personal data in the Republic of Croatia shall be
regulated by this Law.
(2) Protection of personal data is intended to protect privacy and
other human rights and fundamental freedoms while collecting, processing or
using any personal data
(3) Any person regardless of his or her citizenship and permanent
residence, race, colour, sex, language, religion, political or any other
belief, ethnic or social background, property, birth, education, social status
or any other characteristic shall be provided with protection of personal data
in the Republic of Croatia.
Article 8 paragraph 1
Collecting or further processing of any personal data relating to
racial or ethnic background, political view, religious or any other belief,
union membership, health and sexual orientation as well as any data relating to
criminal or petty offence proceedings shall be prohibited.
Law on Amendments to the Labour Act ( NN. 114/03)
Article 1.
The subtitle above the article 2 of the Labour Act (the Official
Gazette, “Narodne novine”, no. 38/95, 54/95, 65/95, 17/01 and 82/01) shall be
changed to:
“prohibition
of discrimination”
Article 2.
(1) Direct and indirect discrimination of the job seeker as well as
employee on the basis of race, colour of skin, sex, marital status, family
obligations, age, language, religion, political or other affiliation, national
or social background, financial status, birth, social status, membership or
non-membership in a political party or trade union, and physical or
psychological difficulties shall be prohibited.
(2) Direct discrimination, according to this Law, concerns all action
relating to any ground described in paragraph 1 of this Law by which the person
mentioned in paragraph 1 of this article is, was or could have been placed in a
less favourable position compared to other persons in a comparable situation.
(3) Indirect discrimination against the person mentioned in paragraph 1
of this article, according to this Law, exists in cases of neutral provision,
criteria or practice that does or could place the person in less favourable
position compared to other persons for his or her characteristics, status,
commitments, believes, or the system of values that are the base for the
prohibition of discrimination mentioned in the paragraph 1 of this article.
(4) Discrimination relating to paragraph 1 of this article shall be
prohibited in reference to:
1. employment criteria, including selection criteria for the candidates
selected for certain jobs, in any field of work and at all professional
hierarchy levels,
2. promotion at work,
3. approach to all kinds and levels of professional training,
additional training and retraining,
4. employment and working conditions and all labour rights relating to
employment, including equality of salaries,
5. termination of the employment contract,
6. rights of the members and membership within employee or employer
associations or any other professional organisation, including benefits of that
same membership.
(5) Provisions of the collective contract, company labour by-laws and
employment contracts discriminating on any basis described in paragraph 1 of
this article shall be annulated.
(6) Pursuant to the Article 187.a of this Law, regulation of employee
obligations to pay solidarity contributions shall not be considered
discrimination on the basis of non-membership in the Union from paragraph 1 of this
Article «.
Comments on the implementation of the
Article 3 of the FCNM:
-
The Constitution of the Republic of Croatia, in its Historical Foundations
continues to list ten “native minorities” while other minorities come under
“other”. Constitutional Law on the Rights of National Minorities widely defines
the concept of national minority in the Article 5. This article does not
specify on any particular minority and makes no difference among them. The
definition of national minority includes only persons belonging to minority
communities that are, at the same time, the citizens of the Republic of
Croatia. The census data related to the ethnicity includes the results for 22
national minorities and additional categories, “others” for those who did not
specify on their ethnicity and “regional affiliation”. The census results also
show that 19.677 persons declared themselves as Muslims.
-
Current legislation of the Republic of Croatia guarantees the right to declare
the ethnicity to all its citizens and regulates that right as a strictly
personal right. The Law on Protection of Personal Data introduces personal data
protection and supervision on collecting, dealing with and use of personal data
in the Republic of Croatia.
-
The 2001 census results showed the structure of the population related to the
ethnicity but also caused reactions of the representatives of certain national
minorities (see under III.a National/Ethnic
structure of the population). Besides complaints and requests for
revision of the census for its failure to register about 130.000 exiled Serbs
who are currently living in Serbia and Montenegro and Bosnia and Herzegovina
for whom the Law on Census, Registration of Households and Apartments passed in
2000[92]
provides the exercise of this right, Milorad Pupovac, the president of Serbian
National Council believed that many Serbs failed to declare themselves as such
for the fear and existing animosities.[93]
The Joint Council of Municipalities from Vukovar, emphasise that the Serbian
community continues to suspect the accuracy of the 2001 census results,
published in 2002 deeming them a part of the political games of the ruling
structures.[94] The
estimated number of Roma in the Republic of Croatia is 30.000 – 40.000[95]
but the Alliance of the Roma Associations in Croatia estimates that the number
of persons belonging to Roma minority is about 30.000 – 50.000[96],
which is many more comparing 9.463 persons registered by the official census.
While interpreting the census results, the authorities failed to consider that
some persons belonging to minorities did not declare their ethnicity for the
fear of discrimination. ''This is particularly true for the Roma but in
conflict areas people who may have a choice of identity (e.g. due to
intermarriage) will often opt to be classified as a member of majority
community, of some regional or “less problematic” identity”.[97]
The intention to respect the individual identity choice was not fully respected
since 19.677 persons who declared themselves as Muslims were not included into
the official statistical data but were explained under the remarks section.
This situation can, partially, be explained by the fact that Bosniaks, as an
ethnic category, were given possibility to declare themselves as such after the
international recognition of Bosnia and Herzegovina and that they were
registered as ethnic Muslims by earlier censuses. Therefore, some people who
used to declare themselves as Muslims were registered as Bosniaks by the 2001
census while some continued to declare themselves as they used to do before, as
Muslims. According to Šemso Tankovic, the member of the parliament representing
Bosniak national minority together with Albanian, Slovenian, Macedonian, and
Montenegrin minorities, the priority of the Bosniak national minority, at this
particular moment is to confirm and firm their national identity at all levels
from the constitutional to the administrative one.[98]
Comments on the implementation of the
Article 4 of the FCNM:
-
The Constitution of the Republic of Croatia and the Constitutional Law on the
Rights of National Minorities guarantee equality before the law and equal legal
protection to all citizens belonging to national minorities and prohibit any
discrimination on the basis of the ethnicity.
The
Government of the Republic of Croatia endeavoured to change certain
discriminatory provisions within its current legislation and, in 2003, adopted
new Law on Amendments to the Labour Act. Pursuant to this Law, any
discrimination in employment and in exercise of the labour rights shall be
prohibited. More significant steps forward were made in relation to the
elimination of discrimination, in, for example, exercising the right to
reconstruction, but in practice, discrimination in exercising a wide spectrum
of the rights (see under Item III.d.) continued. All that was done so far in
real elimination of past discriminatory practices (1991 – 1995 war and the
period that followed) was insufficient and certain laws and sub-legal acts,
such as implementation regulations, continue to include discriminatory
regulations such as , for example, the Book of Rules on the Housing Priorities
in the Areas of Special State Concern (see under Item IV.XIV). The Government
of the Republic of Croatia adopted National Program on Roma in October 2003 aiming
to eliminate discrimination of that minority and to fully integrate the Roma
into Croatian society. The implementation of the program and the results remain
to be seen. Research by Minority Rights Group International, conducted in March
2004 shows that Roma associations have different views related to the
implementation of the provisions of National Program for Roma. Associations
which were involved in development of the National Program are, in most cases,
satisfied with the progress vis-à-vis its implementation while others
share no such opinion and indeed, show certain pessimism. Some associations
emphasise on the existence of the racism speech and assimilation in articles 8
and 9, related to the upbringing and education, and health protection, of the
National Program.[99]
On the discrimination of Roma children in schools and segregation issues see
Item IV.X.
-
Discrimination in employment of minorities, Serbs and Roma in particular,
continues to be a serious problem. Because of extremely difficult situation in
the economy of the country and relatively high unemployment rate, especially in
former conflict areas, it is, sometimes, hard to prove discrimination. All the
more so considering also the high unemployment rate among the majority, ethnic
Croat population. In some opinions, the high unemployment rate in former
conflict areas, for example in the wider Vukovar area (50-80%), significantly
contributed to interethnic tensions.[100]
According to the report by Human Rights Watch, a number of returnees told, however,
that they were explicitly told that they could not get a job because of their
ethnicity.[101] The
same report mentions individual examples of discrimination in employment
against Serb returnees. The report also says that in most of return areas, in
practice, ethnic Serbs were not employed within the health centres, schools,
kindergartens, postal offices, courts, power-supply companies, custom services
or the local administration.[102]
Around 2.000 ethnic Serbs returned to wider Korenica and Plitvice areas and
only a few of them manage to get jobs there.[103]
There are no Serbs employed in the police and the court in Vojnic , although
Serb returnees outnumbered local Croats and Croat settlers by 3,500 to 2,500.[104]
“Judicial vacancies have remained unfilled
in some instances in which Serbs were the only candidates considered by the
State Judicial Council (for example in Dvor, Gvozd, Vojnic and Hrvatska
Kostajnica)”[105], and
in similar cases (where the only candidates for the jobs were ethnic Serbs),
the employers decided to annul the announcements rather than hire the competent
Serb applicants. Several cases registered that the priority in employment was
given to ethnic Croats over Serbs even in case Croat candidates failed to meet
certain criteria specified by the job announcement or were lass qualified than
the Serb candidates.[106]
Governmental statistics show that in 2003, one year upon the adoption of the
Constitutional Law on the Rights of National Minorities which guaranties
proportional minority representation in state administration and judiciary (for
details on proportional representation of ethnic minorities see under IV.XII.),
66 judges were hired, 65 of them were ethnic Croats (there were no ethnic Serbs
among them), and 23 State Attorneys, all ethnic Croats.[107]
-
Proportional representation of Serbs, including the representation in high
positions in local health services, police and judiciary in Eastern Slavonia
area (former UNTAES area) is guaranteed by the Letter of Intent of Croatian
Government to the UN Security Council on completing the peaceful integration
from 1997, regardless of possible future administrative regulations.[108]
It is clear that the Letter of Intent guarantees wider spectrum of rights than
the Constitutional Law on the Protection of the Rights of National Minorities
since the Law does not guarantee the proportional representation in public
institutions such as the hospitals, schools, police, etc. In our opinion, this is one of the main
weaknesses of the Constitutional Law. The Ministry of Interior has fulfilled
its obligation from the Letter of Intent on proportional representation of
Serbs in the police.[109]
However, certain local non-governmental organisations emphasised discrimination
against persons belonging to minorities in employment but also in holding their
current positions on the basis of the taking-over agreement[110]
in the sense of proportional representation. Since the fact of war is not
recognised as legally relevant for reintegrated persons, many of former
employees from the reintegrated area, compared to returnee population (mostly
ethnic Croats), are facing discrimination in the exercise of the acquired
rights.[111] In his
letter to the Prime Minister, Mr. Ivo Sanader and the president of Croatian
Parliament, Mr. Vladimir Seks, the Association of Borovo Workers who remained
in former UNTAES area at the time of the conflict, mostly ethnic Serbs, say
that “these workers were discriminated in exercise of their rights to work and
employment, wages and in exercising the right to the shares within the
privatisation process”. Workers of several other, once public-owned, companies
face similar problems and number of court procedures on realising the exercise
of different rights are in process.
-
For the right of national minorities to representation within representative
bodies on national and local levels and in administrative and judicial bodies,
as well as the participation of persons belonging to minorities in public life
and management of local affairs via councils and representatives of National
minorities, see under Item IV.XIII.
IV.III
Article 5
1. The Parties undertake to promote the conditions necessary for
persons belonging to national minorities to maintain and develop their culture
and to preserve the essential elements of their identity, namely their
religion, language, traditions and cultural heritage.
2. Without prejudice to measures taken in pursuance of their general
integration policy, the Parties shall refrain from policies or practices aimed
at assimilation of persons belonging to national minorities against their will
and shall protect these persons from any action aimed at such assimilation.
National legislation (pursuant to the article 5 of the FCNM):
(1) The Croatian language and the Latin script shall be in official use
in the Republic of Croatia.
(2) In individual local units, another language and the Cyrillic or
some other script may be introduced into official use along with the Croatian
language and the Latin script under conditions specified by law.
Article 15 paragraph 3 (see under Item IV.II National legislation)
Article 40
Freedom of conscience and religion and freedom to manifest religion and
other convictions shall be guaranteed.
Article 41
(1) All religious communities shall be equal before the law and shall
be separated from the State.
(2) Religious communities shall be free, in conformity with law,
publicly to perform religious services, to open schools, educational and other
institutions, social and charitable institutions and to manage them, and shall
them, and shall in their activity enjoy the protection and assistance of the
State.
(1) The rights and freedoms of persons who belong to national
minorities (hereinafter: members of a national minority), as basic human rights
and freedoms, shall be an inseparable part of the democratic system of the
Republic of Croatia and shall enjoy necessary support and protection, including
positive measures to the benefit of national minorities.
Article 7 & 9 (see under Item IV.II National legislation)
Article 10.
Members of national minorities shall have the right to freely use their
language and script, privately and publicly, including the right to display
signs, inscriptions and other information in the language and script which they
use, in compliance with the law.
Article 11.
(1) Members of national minorities shall have the right to education in
the language and script which they use.
(2) The education of members of a national minority shall be performed
in pre-school institutions, primary and secondary schools and other school
institutions (hereinafter: school institution), with the education in the
language and script which they use, under the conditions and in the manner
stipulated by a special law on the education in the language and script of
national minorities.
(3) School institutions with the education in the language and script
of a national minority may be established and education may be conducted for a
smaller number of pupils than the number which is stipulated for school
institutions with education in the Croatian language and script.
(4) The curriculum in the language and script of a national minority
shall, except for the general part, obligatorily contain a part, the content of
which is related to a specific quality of a national minority (mother tongue,
literature, history, geography and cultural opus of a national minority).
(5) The right and obligation of pupils educated in the language and
script of national minorities shall be to learn the Croatian language and Latin
script according to the determined curriculum, apart from their own language
and script.
(6) Educational work in a school institution with the education in the
language and script of a national minority shall be conducted by teachers from
among the ranks of a national minority who have excellent command of the
language and script of the national minority, or by teachers who are not from
among the ranks of the national minority, but who have excellent command of the
language and script of the national minority.
(7) The institutions of higher education shall organise the conduct of
the programme of education of school counsellors and teachers for the performance
of tasks of education in the language and script used by national minorities in
a part containing specific qualities of a national minority (mother tongue,
literature, history, geography and cultural creativity of a national minority).
(8) Members of national minorities may establish pre-school
institutions, primary and secondary schools and institutions of higher
education for the purpose of conducting the education of members of national
minorities in the manner and under the conditions stipulated by laws.
(9) Pupils attending schools in the Croatian language and script shall
be enabled to learn the language and script of a national minority in the
manner stipulated by a special law, according to the curriculum determined by
the competent central state administration body, along with providing financial
means in the state budget and in the budgets of local self-government units.
Article 12
(1) The equal official use of the language and script used by members
of a national minority shall be exercised in the area of a local
self-government unit, when members of a particular national minority comprise
at least one third of the population of such a unit.
(2) The equal official use of the language and script used by members
of a national minority shall also be exercised when it is anticipated in the
international agreements which, in compliance with the Constitution of the
Republic of Croatia, form a part of the internal legal system of the Republic
of Croatia and when it is stipulated by the statute of a local self-government
unit or by the statute of a regional self-government unit in compliance with
the provisions of a special law on the use of the language and script of
national minorities in the Republic of Croatia.
(3) Other conditions and manner of the official use of the language and
script used by members of a national minority in the representative and
executive bodies and in the procedure before administrative bodies of local
self-government units and regional self-government units; in the procedure
before the state administration bodies of first instance, in the procedure
before judicial bodies of first instance; in the procedures conducted by the
State Prosecutor’s Office and notaries public, and by legal persons with public
powers, shall be regulated by a special law on the use of language and script
of national minorities.
Article 13
The law which regulates the use of language and script of national
minorities, and/or the statutes of local self-government units shall stipulate
the measures providing for the preservation of traditional names and signs and
giving the names of persons and significant events for the history and culture
of a national minority in the Republic of Croatia to settlements, streets and
squares in the areas traditionally, or to a considerable number, populated by
members of national minorities.
Article 14
(1) The use of signs and symbols of national minorities and the
celebration of national minorities’ holidays shall be free.
(2) National minorities may display appropriate signs and symbols of
national minorities along with the official use of signs and symbols of the
Republic of Croatia. When the national anthem and/or a solemn song of a
national minority is being performed, the national anthem of the Republic of Croatia
shall be obligatorily performed beforehand.
(3) Local self-government units and regional self-government units
shall be obliged to stipulate by the statute the official use and the manner of
use of the flag and symbols of national minorities.
Article 15
(1) For the purpose of preservation, development, promotion and
expression of their own national and cultural identity, members of national
minorities may establish associations, endowments and foundations, as well as
institutions for the performance of public information activities, cultural,
publishing, museum, archival, library and scientific activities.
(2) The Republic of Croatia, local self-government units and regional
self-government units, shall finance the activity of institutions as per Paragraph
1 of this Article, according to their possibilities.
(3) Associations, endowments, foundations and institutions as per
Paragraph 1 of this Article may state in their title that national minorities
are their founders.
Article 16
(1) Members of national minorities, their associations and councils of
national minorities or representatives of national minorities shall freely
maintain contacts with a nation with which they share the same ethnic,
linguistic, cultural and/or religious characteristics and with legal persons
with the seat in the area of the state of that nation which perform the tasks
of education, science, culture, publishing and humanitarian activities.
(2) The associations of members of national minorities and councils of
national minorities or representatives of national minorities may receive from
the state bodies of the nation with which they share the characteristics as per
Paragraph 1 of this Article and from legal persons of that state, without
paying the custom duties, newspapers, magazines, books, movies, videotapes,
recordings, in a limited number of copies, which they use for their needs and
which they can distribute to members of a national minority without paying a
compensation.
(3) The associations of members of national minorities may organise
guest performances by professional and amateur cultural and art groups for the
members of national minorities and organise other cultural and art performances
and exhibitions which contribute to the enrichment of the culture and identity of
a national minority. In such cases, foreign persons participating in the
conduct of performances and exhibitions shall not need the work permit.
(4) Members of national minorities may freely express their religious
affiliation and profess their religion and, in compliance with that, belong to
a religious community.
Article 17
(1) On the basis of laws and implementing regulations, which regulate
the activities of public information, production and broadcast of radio and
television programmes, education, museum, archival and library activity and the
protection and preservation of cultural assets, the conditions shall be created
for the acquaintance of all citizens of the Republic of Croatia, especially of
children and youth, through the content of educational work and through
obligatory, as well as optional educational subjects, with the history, culture
and religion of national minorities.
(2) With the objective of exercising the provisions of Paragraph 1 of
this Article, the measures shall be undertaken which will alleviate the access
to the media for members of national minorities.
Article 18
(1) Radio and television stations at the national, regional and local
level shall have the task of promoting understanding for the members of a
national minority, to produce and/or broadcast programmes intended for the
information of members of national minorities in the languages of national
minorities, the production and broadcast of programmes which stimulate and
improve the preservation, development and expression of cultural, religious and
other identity of national minorities, the preservation and protection of their
cultural assets and tradition and the production and broadcast of programmes by
which members of a national minority in that area get acquainted with the work
and tasks of their council of national minority and of the representative of
national minorities. Legal persons performing the activity of public
information (the press, radio and television) shall enable the associations of
members of national minorities and institutions of national minorities to
participate in the creation of the programme intended for national minorities.
(2) The state budget and the budgets of local and regional
self-government units shall provide the funds for co-financing of programmes of
radio and television stations which they own, which programmes are intended for
national minorities, in compliance with the possibilities and according to the
criteria set forth by the Government of the Republic of Croatia, upon the
proposal of the Council for National Minorities, or by the competent bodies of
local and regional self-government units upon the proposal of the council of
national minorities.
(3) With the aim of exercising the rights of members of national
minorities to the information through the press, radio and television in the
script and language of a national minority, members of national minorities,
their councils of national minorities and representatives of national
minorities and their associations may perform the activity of public
information (publish newspapers, produce and broadcast radio and television
programme and perform the activity of news agencies), in compliance with the
law.
The Law on the Use of the Language and Script of Ethnic
Minorities in the Republic of Croatia
The Law on Upbringing and Education in the Language and
Script of Ethnic Minorities
Comments on the implementation of the
Article 5 of the FCNM:
-
The Republic of Croatia, through the implementation of the Constitutional Law
on the Rights of National Minorities, special laws and international agreements
(possibility to regulate certain rights) and statutes of local and regional
self-governments, improved and created formal preconditions essential for
persons belonging to minorities in order to preserve and develop their culture
and preserve important characteristics of their identity such as religion,
language, tradition and cultural heritage as well as conditions for protection
of persons belonging to national minorities from violent assimilation.
- In the period 2000 – 2003, the Republic of
Croatia ensured 73.534.076 HRK from its budget for different programs of the
minority associations and institutions working in the Republic of Croatia
(programs of informing, publishing, cultural amateurism, cultural events aiming
to preserve the culture, language and customs of national minorities, programs
arisen from the bilateral agreements, through building of the citizens’ mutual
trust and programs of creation of preconditions required for establishment of
Roma cultural autonomy). As of 2003, the decision on distribution of the
resources is made by the Council for National Minorities of the Republic of
Croatia whose members are, exclusively, persons belonging to minorities.[112]
In 2004, different programs of the associations and institutions were supported
by 22.000.000 HRK or 10% more comparing the amount spent in 2003 (20.000.000).
The Council distributed that amount to 19 different national minorities that
submitted their project proposals. In accordance with the decision by the
Council, Serbian national minority was approved 5.753.400 HRK, Italian
4.642.000, Hungarian 2.464.000, Czech 2.212.000, Roma 1.080.000, Ruthenian and
Ukrainian 935.000, Slovak 913.000, Bosniak 790.000, Albanian 508.000, Montenegrin
479.000, Macedonian 451.000, Slovenian 451.000, Jewish 436.000, German and
Austrian 436.000, Bulgarian 35.000, Polish 25.000 and Russian 20.000 HRK. In
addition, 15.000 HRK were approved for the work of the council for national
minorities, 154.400 HRK for co-financing of the radio programs at regional and
local levels aimed to provide relevant information to persons belonging to
minorities in the respective languages, 100.000 HRK for the training of the
members of the councils and the representatives of national minorities and
50.000 for the training seminar for young Roma while the undistributed funds
(current reserve) is about 50.000 HRK.[113]
The Council emphasised that there was e need for co-operation with the
representatives and Councils for national minorities in monitoring
implementation of the programs of the associations and institutions of national
minorities financed from the State budget. For that reason, the Council invited
all representatives, councils and co-ordinations of national minorities to
monitor the implementation of the programs financed via the Council in the
areas where they work.[114]
-
As a problem of preservation of important components of the identity, religion,
language, tradition and cultural heritage of Serb community in Knin area,
ALTRUIST Center from Split, Knin office, quotes the “Parish Letter” no.2 from
April 2000 by Knin priest Mr Nikola S. Skorić – « Many valuable items were
robbed or burned. However, the most precious ones were plundered by experts who
well knew they value and were waiting for the right moment. I am saddened to
say that this heritage is not only valuable to this Church but also to this
State. Instead of protecting these values, they became a prey for certain
experts and vulture thieves. I shall mention just one example in order to
confirm this: the stone built into the temple of St. Djordje (George) was
professionally removed from the wall and taken away only because it was the
oldest mark and certificate of the existence Serb people in this area. It was
pillaged by a person well aware of its historical value.»
IV.IV
Article 6
1. The Parties shall encourage a spirit of tolerance and intercultural
dialogue and take effective measures to promote mutual respect and
understanding and co-operation among all persons living on their territory,
irrespective of those persons' ethnic, cultural, linguistic or religious
identity, in particular in the fields of education, culture and the media.
2. The Parties undertake to take appropriate measures to protect
persons who may be subject to threats or acts of discrimination, hostility or
violence as a result of their ethnic, cultural, linguistic or religious
identity.
National legislation (Pursuant to the article 6 of the FCNM):
Article 30. (see under Item IV.II National legislation)
Article 3 paragraph 2
(2) Ethnic and multicultural diversity and spirit of understanding,
mutual respect and tolerance shall contribute to the promotion of development
of the Republic of Croatia.
Article 8
The provisions of this Constitutional Law and provisions of special
laws regulating the rights and freedoms of members of national minorities shall
be interpreted and applied for the purpose of respecting the members of
national minorities and of the Croatian people, the development of
understanding, solidarity, tolerance and dialogue among them.
Article 18 paragraph 1 (see under Item IV.III National legislation)
Article 106.
(1) Anyone who on the ground of difference in race, skin colour,
language, political or other belief, national or social origin, property,
birth, education, social status and other, or on the ground of membership of
ethnic and national community or minority in Republic of Croatia, refuses or
restricts freedoms and rights of human and citizen guaranteed by Constitution,
Law or other provision
shall be punished by a term of imprisonment of between 6 months and 5 years.
(2) Punishment mentioned in the paragraph 1 of this Article shall be
applied to anyone who refuses or restricts right of a member of nation, ethnic
and national community or minority, to freely exercise his national affiliation
or right to cultural autonomy.
(3) Anyone who against the regulations on the usage of language and
script refuses or restricts right of citizen to use his own language and
script, shall be fined or punished by a term of imprisonment up to 1 year.
Article 110.
(1) Anyone who refuses or restricts religious, public exercise of
religious affiliation and any other belief
shall be fined or punished by a term of imprisonment up to 1 year.
(2) Punishment mentioned in the paragraph 1 of this Article shall be
applied to anyone who refuses equality of religious community with other
religious communities in Republic of Croatia, which functions in accordance
with the law; or anyone who refuses or restricts right of religious community
to exercise publicly religious ceremonies, foundation of schools, colleges, institutes,
social or humanitarian institution and administering them in accordance to law.
Article 174.*
(1) Anyone who on the ground of racial difference, gender, skin colour,
nationality or ethnic origin violates basic human rights and freedoms recognised
by the international community,
shall be punished by a term of imprisonment of between 6 months and 5 years.
(2) Punishment mentioned in the paragraph 1 of this Article shall be
applied to anyone who prosecutes organisations or individuals because their
involvement in activities for the humans equality.
(3) Anyone who publicly speaks and express ideas of supremacy one race
over another, or incites racial hatred, or incites racial discrimination,
shall be punished by a term of imprisonment of between 3 months and 3 years.
* Law on Amendments to the Penal Code ( NN.129/00)
Article 26.
In the article 174 paragraph 1, the words: ”religion, language,
political or other affiliation, financial status, birth, education, social
position or any other characteristics” shall follow the word “race”.
Paragraph 3 is amended as following:
“(3) Anyone who publicly spreads racial, religious, sexual, national,
ethnic or hatred based on the colour of the skin intending to slight or express
ideas of supremacy or inferiority of one race, ethnic or religious community,
sex or nation over another on the basis of the colour of the skin, shall be
punished by a term of imprisonment of between 3 months and 3 years”.
Law on Amendments to the Penal Code ( NN.111/03)
Article 55.
Following section name and Article 151.a shall follow the Article 151
running like this:
» Magnifying
fascist, nazi and other totalitarian states and ideologies or promoting racism
and xenophobia
Article 151.a
(1) Anyone who produces, sells, imports or exports via internet or
makes available to the public in any other way and in the same sense possesses
larger quantities of promotional materials magnifying fascist, nazi or other
totalitarian states, organisations or ideologies that are advocating, promoting
or encouraging hatred, discrimination or violence against any individual or
group on the basis of the race, colour of the skin, sex, sexual orientation,
national or ethnic background, religion, political or any other affiliation,
shall be punished by a fine or term of
imprisonment up to one year.
(2) In case the material mentioned in paragraph 1 of this article is
being publicly available for the research, art and other scientific purposes or
with the aim to report on events from the presence or the past shall not be
considered a felony.
(3) Subjects and means in the paragraph 1 of this article shall be
deprived.«
Law on Media ( NN.163/03)
(4) It is forbidden in programs of Croatian Radio and Television:
to support and magnify national, racial or religious, sexual and any
other inequality as well as ideological and state formations created on those
basis and encourage national, racial, religious, sexual animosity, violence and
war.
Comments on the implementation of the Article
6 of the FCNM:
-
Authorities, especially those at the national level, in principle, compared to
the past periods, through their actions and publicly expressed opinions, were
advocating the spirit of interethnic tolerance and interethnic dialogue and co-operation
(see the Item III.b.). During his visit to Jasenovac, the infamous Ustasa
concentration camp from the Second World War (scaffold of many Serbs, Roma,
Jews and Croats, antifascists), on March 16, 2004, the Prime Minister, Sanader
said: “I came to pay respect to the victims before the reconstructed monument
so that the truth would not be hidden or forgotten, so that the crime would
never repeat. There is no such aim, political or any other, that can justify
the crime. That is why I condemn any extremism, radicalism, racial and
religious hatred and intolerance from all sides.[115]
Although somewhat reduced, ethnically motivated incidents continued to appear
in the war affected areas and elsewhere. The work of the police and other state
and local self-government bodies was criticised since particular incidents were
not qualified as crimes but merely as misdemeanours. (see under Items III.d.
and III.e.). Amendments to the Penal Code from 2000 and 2003 present a
significant contribution and legal measures forbidding and sanctioning the
encouragement to racial discrimination and violence. In accordance to the Penal
Code, persons who on the basis of race, religion, language, political or any
other affiliation, financial status, birth, education, social position or other
characteristics violate fundamental human rights or encourage animosities,
conflicts and hatred shall be punished. The Law on Media prohibits transmission
of media programs encouraging or magnifying ethnic, racial, religious, sexual
or any other inequality as well as ideological and state products created on
such basis that may cause ethnic, racial, religious, sexual or other
animosities and encourage violence and war. According to the OSCE, the Croatian
Television (HTV) still does not devote enough attention to important, past war
issues such as refugee return and respect of human and minority rights.
Although the hate speech is no longer an active sign of the HRT reporting, it
continues to be tolerated by some TV news reporters and moderators. Bias
reporting on property repossession and other issues related to refugee return
still affects the process of reconciliation and normalisation of relations in
certain fields.[116]
Referring the same source, compared to past period, in the second half of 2003,
reporting by local media on refugee return and minority issues improved all
over the country[117]...
But, in two areas, Osijek and Zadar, reporting on political and ethnic
issues was, occasionally, provocative.[118]
-
The UN Committee for Elimination of all Forms of Racial Discrimination
emphasised that there were no convictions in cases of encouragement to racial
discrimination and violence in 2002 “despite significant number of such
allegations”. The Committee expressed its concern with the lack of legislative
measures that would prohibit encouragement to racial discrimination and
violence for inappropriate efforts to investigate and indict those responsible
for causing ethnic hatred, especially in war affected areas.[119]
European Roma Rights Center claimed that it was frequently reported on the
speech of hate by some officials against Roma but no legal actions were taken
against those who practiced such speech of hate[120]
and that the high level of discrimination and violence against Roma continues
to be a serious problem in Croatia.[121]
One primary school teacher, Mrs. Gordana Dumbovic, a candidate of nationalistic
Croatian Rights Party, in one of her public presentations on the radio station
in Petrinja during the pre-election campaign for local elections in 2001 said:
“Our man is a martyr. Our man is a believer. Our man is in his own land. And
that minority one, poor Serb who returned from the motherland Serbia, is
neither a man nor an animal. The animal does not deserve to be compared with
them. So, my dear Croats, I believe that no one should float somewhere in
between any more. Either you are for or you are against. If you are for, than,
my dear Croats, prepare your guns….. We can live with anyone but devils since
the devil and religion can not be together. We are going to clean Croatia from
its rubbish. Save us God from the Chetnic (Serb) butchering.”[122]
Gordana Dumbović was elected for a deputy Mayor of Petrinja and the court in
Kutina, after two and a half years decided to set her free of the allegations
for public encouragement on racial discrimination.[123]
The editor of the magazine “Narod” (People), don Anto Baković said: “ If they
want to live in Croatia they shall learn Croatian language. They should not
impose Arabic language to us. Every day I notice obituaries in the newspapers
and every time a Muslim dies he goes to the Ahiret. I’m not sure if Muslims can
translate this to Croatian language?''[124]
Croatian Helsinki Committee reported on their meeting with the prefect of
Medjimurska County. The prefect did not hide his hatred against Roma and showed
no intention to deal with their problems such as the one when Roma new-born
baby died during delivery and the ambulance failed to come despite numerous
phone calls.[125] An
association of Croatian war veterans from Vukovar forbid a boy, an ethnic Serb,
to play for his football club in a football tournament. Almost all media
reported on this case and Mr. Ivica Racan, at that time the Prime Minister and
Mr. Stjepan Mesic, the president of the Republic of Croatia publicly judged
this incident and appealed for reconciliation and tolerance. In the occasion of
celebration of birthday of Ustasa butcher Jure Francetic held in Slunj, in July
2004 “ the police peacefully observed from a side waving with fascist signs,
Ustasa heats and the SS T-shirts.”[126]
-
News agency SRNA (www.srna.co.yu
) published following information showing the anti-Semitism in the Republic of
Croatia on June 23, 2004: “Dubrovnik – The HDZ council member in the City
Council of Dubrovnik, Mr. Ivan Zec, says that from a long-term perspective
“Jews are even more dangerous than Serbs” . While the City Council was
discussing the offer for the majority package of shares of the hotel “Srebreno”
in the municipality Parish of Dubrovnik given by, among the rest, British
”Levis’ Trust Group” owned by an Israeli Mr. David Levis who owns 25 different
hotels all around the world, Mr. Zec said that “ Croatian properties should not
be sold to Serb and Jews”. Mr. Levis held a press conference on Tuesday evening
and said how embittered he was by such statements and announced to give up on
his investment if this is the view of business people and politicians in this
part of Croatia. ”During my 50-year work in tourism all around the world, I
have never heard a comment similar to this one I heard in Dubrovnik” he said. The Major of the Parish of Dubrovnik, Mr. Ivo
Miletic, believes that “to much unnecessary noise” was raised for this
statement. Asked why no one reacted, including himself, on this anti-Semitist
statement, Mr. Miletic said, “we were all caught” by such action.
In the meantime, Mr. Zec, tried to correct his own statement claiming that “he
meant nothing bad about Jews and that he had a great respect for them” but he “
was against such high concentration of Jews in such small area as the Parish of
Dubrovnik” since he was afraid of the international terrorism.”[127]
-
In the US Bureau of Democracy, Human Rights and Labour Country Report on Human
Rights Practices in Croatia in 2003, several incidents related to minority
religious institutions and personnel are mentioned. “In January, the driver for
the Metropolitan of the Serbian Orthodox Church was verbally abused in front of
the main church in Zagreb. In September, an incident occurred involving verbal
abuse against the Metropolitan and another member of the Serbian Orthodox clergy.
In
March and again in May, fascist graffiti appeared on the church door, and
obituaries were regularly torn off the billboard by the church entrance.
Sometime between March and April, the Serbian Orthodox Church of St. Archangel
Michael and Gabriel in Kostajnica was broken into. Windows were smashed and
religious items, including four icons, were burned or badly damaged. In April,
windows were broken at the Serbian Orthodox Church in Plaski, and similar
incidents were reported in Ogulin in August and September. No arrests were made
in any of the cases. According to the OSCE and other reporting, Serbian
Orthodox churches and property in war-affected areas were attacked during the
year. In April, tombstones in a cemetery in Vukovar were damaged--marking the
eighth such incident at the cemetery. Serbian Orthodox Church leaders reported
that in Knin the Church of St. Pokrov was frequently desecrated with fascist
Ustasha symbols. Serbian Orthodox clergy reported good co-operation with the
police, who promptly reacted to reported incidents, but complained about a lack
of information on the results of investigations. In June, insulting graffiti
appeared on the walls and minaret of the Zagreb mosque. Police investigated,
but no arrests were made.“ The incidents against religious objects and
cemeteries continued in 2004. In the beginning of 2004 Serb Orthodox church of
Sveta Petka in Vukovar was attacked in two occasions. Church windows were
broken and damaged, some money and relics were stolen and doors were desecrated
with fascist Ustasa symbols; in March 2004 Serb Orthodox wooden cross was sawed
and demolished in Borovo Naselje near Vukovar; in the week before the Easter
(April 2004) several monuments at Serb Orthodox cemetery in Vinkovci were
damaged and desecrated with fascist Ustasa symbols. In the beginning of 2004
window glasses at the Serb house in Vukovar(the building that is temporarily
used for religious services purposes)have been broken. The perpetrator was
identified and church was compensated.
-
On June 2, 2004, on the façade of the building of the Italian Union in Split,
the Italian flag was taken down. This same flag was hanging together with
Croatian national flag that remained untouched at that time. The flags were
usually run up for 5 meters. The president of the Italian Union from Split,
Mr.Čulić-Dalbello expressed his bitterness and informed the Headquarters of the
Italian Union in Rijeka, Italian Consulate and Trieste University on the
incident. Further on, the president concludes that there is a stifled,
disguised atmosphere of intolerance ruling in Split that frightens citizens
belonging to Italian minority that are declared Italians. Mr. Čulić-Dalbello
says that this situation makes difficult expression of Italian identity and
culture for the past harassment. Young people claim that if they would become
members of Italian community this could result in reduction of their employment
possibilities but also other rights and, therefore, even the smallest project
that would have Italian prefix remains unrealised.[128]
The poster on cultural events organised by Italian Union in Zadar is very often
displayed on the door of this association. This poster was on many occasions
tear and removed from the door. The Union recently reconstructed their premises
and was asked if they would have grand public opening in this occasion. They
answered that they would be glad to do this but were afraid of possible
incidents.[129]
-
At the entrance of the Orthodox Church of Saint Mother of the God, in main Knin
street, there is a small glass-door box with the schedule of religious services
printed in Cyrillic script. The glass is broken several times a year and the
schedule tear off. In the forepart of the same church, on the wall of the
priest’s house and the façade of the city administration, for already several
years, there are graffiti of Fascist Ustasa signs and messages but local
authorities showed no interest in removing those symbols. During 1997 and 1998,
the Orthodox cemetery near the Church of Saint Djordje (George) from the 15th
century in Knin was desecrated on several occasions. Perpetrators tear off and took away copper
Cyrillic letters and crosses from the monuments and if the text on the
tombstones was engraved, marble boards would be overthrown and destroyed.
Traces of those barbaric acts are still visible.[130]
-
Results of a public poll, conducted in October 2002, show high level of
intolerance against minorities. According to a public poll in October 2002, one
in four Croatian adults would expel ethnic Serbs from Croatia. One in seven
said they would also expel Bosniaks and Montenegrins and one in 10 would expel
Slovenes.[131] In
another poll, 75 per cent of respondents said that the government should not
accelerate the return of Serbs.[132]
According to a public poll by Vecernji List in the beginning of 2004, 32,4% of
respondents supports and 25,3% does not support the return of Serbs to Croatia;
56,9% is not confident to full loyalty of Serbs to Croatia while 16,7% believes
the opposite; 63,3% of respondents believe that exiled Serbs should pass special
tests prior to their return to Croatia.[133]
IV.V
Article 7
The Parties shall ensure respect for the right of every person
belonging to a national minority to freedom of peaceful assembly, freedom of
association, freedom of expression, and freedom of thought, conscience and
religion.
National legislation (pursuant to the Article 7 of the FCNM):
Article 42
Everyone shall be guaranteed the right of public assembly and peaceful
protest, in conformity with law.
Article 43
(1) Everyone shall be guaranteed the right to freedom of association
for the purposes of protection of their interests or promotion of their social,
economic, political, national, cultural and other convictions and objectives.
For this purpose, everyone may freely form trade unions and other associations,
join them or leave them, in conformity with law.
(2) The exercise of this right shall be restricted by the prohibition
of any violent threat to the democratic constitutional order and independence,
unity and territorial integrity of the Republic of Croatia.
Article 7 tc 5 & 7 (see under Item IV.II National legislation);
Article 15 (see under Item IV.III National legislation)
Comments on the implementation of the
Article 7 of the FCNM:
-
The authorities of the Republic of Croatia respected, without discrimination,
the rights of all citizens and in the same sense the rights of persons
belonging to national minorities, to freedom of peaceful gathering and
assembling, freedom of speech, conscience and religion.[134]
IV.VI
Article 8
The Parties undertake to recognise that every person belonging to a
national minority has the right to manifest his or her religion or belief and
to establish religious institutions, organisations and associations.
National legislation (pursuant to the Article 8 of the FCNM):
Articles 40 & 41 (see under Item IV.III National legislation);
Article 43 (see under Item IV.V National legislation)
Article 7 tc. 5 (see under Item
IV.II National legislation); Article 16 paragraph 4 (see under Item IV.III
National legislation)
The Law on Legal Position of Religious Communities (
NN.83/02)
Comments on the implementation of the
Article 8 of the FCNM:
-
“The Constitution of the Republic of Croatia provides for freedom of conscience
and religion and free public profession of religious conviction, and the Government
generally respects these rights in practice”.[135]
The Constitution guaranties for freedom of conscience and religion and free
public profession of religious conviction, freedom of founding schools,
educational and other institutions, social and charity institutions and
management over those institutions. Religion and ethnicity are closely linked
in society. Census results related to religion show that– 87,8 Catholics
(mostly Croats), 4,4 Christian Orthodox (mostly Serbs), 1,3 Islam (mostly
Bosniaks and Muslims), etc. According to
data by Central State Register Office for Administration, 31 religious
communities were registered in Croatia although the process is not finished
yet.[136] There is no official state religion; however,
the Roman Catholics are the majority, almost 90% of population. The Law on
Legal Position of Religious Communities that was adopted in 2002 regulates
their legal position, exercise of the right to financial support from the state
budget, education at schools and similar rights. It is required to sign
separate agreements with the Government in order to enable exercise of any
other right. “…The Government has taken actions to eliminate religious
discrimination, its approach is to negotiate with individual religious
communities based on common framework rather than setting uniform,
no-discriminatory standards and practices.” [137]
The Government, besides earlier agreement between the state and the Roman
Catholic Church, signed agreements with Serbian Orthodox Church and the Islamic
community in 2002, and several other agreements with different, mostly
Protestant, churches. Jewish community is willing to do the same as soon as the
problem over repossession of one building in Zagreb is solved. Adoption of the
Law and signing the agreements were significant steps in equalising the
position and rights of religious communities in accordance with their needs.
Minority religion representatives expressed their satisfaction with
communication and co-operation with the Government.[138]
The Law on Legal Position of Religious Communities stipulates registration of
the communities with the competent ministry. The new Law stipulates that, to
register, religious communities must have at least 500 believers and must be
registered for 5 years. Religious communities that are based abroad will need
to submit written permission for registration from their country of origin.
Registered
religious communities will be granted the status of a “legal entity”.
-
Roman Catholic Church and the state-run Croatian State Radio and Television
signed an agreement on media coverage of relevant events, as many as 10 hours
per month. Other religious communities receive approximately 10 minutes
broadcast time per month or less. Topics of interest to major non-Catholic
religious groups are covered regularly on weekly religious programming on HRT.[139]
-
The Croatian Government signed contracts with the Serbian Orthodox Church and
the Islamic community. The agreement allowed 5 Orthodox clergy as chaplains in
jails and detention units. It is planned to engage three Islamic clergy in the
same way. Catholic, Islamic and Serbian Orthodox marriages are officially
recognised by the State.
-
Attendance in religious training in public schools is optional. Schools that
meet the necessary quota of seven students of a minority faith per class
offered separate religion classes (different form the dominant Roman Catholic)
for the students. In case there are not sufficient numbers of students of a
minority faith to warrant separate classes, students may exercise the option to
receive religious instructions through their religious community. An estimated
4,500 Serbian children attend Serbian Orthodox religious classes, out of which
there are about 4.000 in Eastern Slavonia.
-
Restitution of property nationalised or confiscated by the Yugoslav Communist
regime remains slow and is a common problem of all religious communities whose
properties were nationalised or confiscated.
Roman Catholic Church signed the agreement with the Government
regulating restitution of all seized properties while other religious
communities have no such agreement and the law regulates their rights,
exclusively. Some believe that the slowness in restitution of properties seized
from the Serbian Orthodox Church may be result of a slow judicial system rather
than a systematic effort to deny restitution of Orthodox properties.[140]
-
For intolerance and attacs against religious buildings and officials, see under
Item IV.IV.
IV.VII
Article 9
1. The Parties undertake to recognise that the right to freedom of
expression of every person belonging to a national minority includes freedom to
hold opinions and to receive and impart information and ideas in the minority
language, without interference by public authorities and regardless of
frontiers. The Parties shall ensure, within the framework of their legal
systems, that persons belonging to a national minority are not discriminated
against in their access to the media.
2. Paragraph 1 shall not prevent Parties from requiring the
licensing, without discrimination and based on objective criteria, of sound
radio and television broadcasting, or cinema enterprises.
3. The Parties shall not hinder the creation and the use of printed
media by persons belonging to national minorities. In the legal framework of
sound radio and television broadcasting, they shall ensure, as far as possible,
and taking into account the provisions of paragraph 1, that persons belonging
to national minorities are granted the possibility of creating and using their
own media.
4. In the framework of their legal systems, the Parties shall adopt
adequate measures in order to facilitate access to the media for persons
belonging to national minorities and in order to promote tolerance and permit
cultural pluralism.
National legislation (pursuant to the Article 9 of the FCNM):
The Constitution of the Republic of Croatia
Article 38
(1) Freedom of thought and expression shall be guaranteed.
(2) Freedom of expression shall specifically include freedom of the
press and other media of communication, freedom of speech and public
expression, and free establishment of all institutions of public communication.
(3) Censorship shall be forbidden. Journalists shall have the right to
freedom of reporting and access to information.
(4) The right to correction shall be guaranteed to anyone whose
constitutional and legal rights have been violated by public information.
Articles 17 & 18 (see under Item IV.III National legislation )
The Law on Croatian Radio and Television (February 2003)
The Law on Electronic Media (July 2003)
The Law on Telecommunications (July 2003)
The Law on the Media (NN.163/03)
Article 5.
(1) The Republic of Croatia encourages and spreads pluralism and diversity
of media in conformity with the law.
(2) Production and publishing of the programs related to:
– exercise of the right to public informing and quality of information
of all citizens of the Republic of Croatia,
– exercise of the right to public informing and quality of information
of persons belonging to national minorities and communities abroad
– exercise of the right to public informing and quality of information
of persons belonging to national minorities in the Republic of Croatia,
– informing of the public on national minorities and issues related to
exercises of minority rights in the Republic of Croatia and encouraging
tolerance and the culture of dialogue...
shall be encouraged.
Comments on the implementation of the
Article 9 of the FCNM:
-
Constitution of the Republic of Croatia guarantees the freedom of thought and
expression, while the Constitutional Law on the Rights of National Minorities
guarantees access to the media and the performance of activities of public
information (receiving and forwarding information) in the language and script
which they use. The Law on media encourages production and publishing of the
programs related to exercise of the right to public informing and quality of
information of persons belonging to national minorities in the Republic of
Croatia and informing of the public on national minorities and issues related
to exercises of minority rights in the Republic of Croatia and encouraging
tolerance and the culture of dialogue...
-
Results of the research on perception of national minorities in media and
pre-election campaign for parliamentary elections show that writing about
minorities is still largely politically influenced. Texts that would follow on
the problems and life of national minorities in more comprehensive and
analytical way are missing. This implies that minorities are still just a
secondary topic in Croatian media.[141]
The professor of Journalism of the Faculty of political Sciences, Mr. Stjepan
Malovic, referring recent researches, warns, again, on how the Croatian media
are still insufficiently sensible in reporting on national and other minorities
and the issue of diversity in general. Reporting on national minorities is
still affected by politics and protocol, even ghettoised, in most cases, into
special columns and shows. Raising sensibility on those issues within media
presents a great challenge but also a mission and education of editors and
journalists of majority media is one of the main preconditions for it to be
accomplished.[142]
Opinions by representatives of national minorities from eastern Croatia point
to the need for wider opening of media to persons belonging to national
minorities and better quality and continuity in monitoring the topics they are
interested in. These views show satisfaction with the implementation of local
radio project on minority issues “ETNOS” and the need and wish for this project
to continue in the future.[143]
Intensity, quality and scope of monitoring and media reporting is different at
national and local levels, in printed and electronic media, state and private
media and there are, even, certain differences among broadcasts on national
minorities and broadcasts in minority languages.
- The Government supports receiving and
dissemination of information and idea in minority languages and on minorities
via printed media financed exclusively from the state budget of the Republic of
Croatia through the Council for Ethnic and National Minorities (see under the
Item IV.III.)[144]
Minorities are represented in national radio and television broadcasts in
limited and at minimum of the content and time considering number of persons
belonging to national minorities in the Republic of Croatia and the census
results related to mother tongue – with about 4%. Broadcasts on national minorities
and languages of several national minorities are represented in regional branch
studios of national radio and television, initially, on radio stations.
Representatives of some national minorities criticise the quality of the
program and insufficient involvement of persons belonging to minorities in
editing and production of the programs in minority languages on relevant
topics.[145] Lack
of resources for production and broadcasting and lack of education of relevant
people in minority related issues present the main problems affecting private
and other local electronic media. In Eastern Slavonia two private radio
stations broadcast their programs in Serbian and one in Serbian and Roma
languages.[146] There
are certain joint initiatives by several national minorities aimed towards
assurance of common minority media space. So, for example, the Co-ordination of
National Minorities of Vukovar-Sirmium County submitted a request to county
authorities asking the authorities to advocate for assurance of media space for
presentation of the work of Co-ordination on local Vinkovci television, an hour
a month.[147] In
order to initiate informing in languages of national minorities, Republic of
Croatia ensured 900.000 HRK from the State budget for 2003 for special
broadcasts and programs of national minorities in the television and radio.[148]
On the basis of agreement on financing between the Council for Ethnic and
National Minorities and Croatian Radio and Television, the Croatian Radio and
Television started with the project of education for minority journalists,
potential associates of the Editorial office for National Minorities of
Croatian Radio and Television.[149]
- Example of unequal possibilities
for different minority communities in access to electronic media is the example
of Radio Daruvar from Daruvar that broadcasts program in Czech language for
persons belonging to local Czech minority. At the same time, request by Serbian
minority for broadcasting the program in Serbian language was refused
explaining that there were no resources ensured for that purpose.[150]
IV.VIII
Article 10
1. The Parties undertake to recognise that every person belonging to a
national minority has the right to use freely and without interference his or
her minority language, in private and in public, orally and in writing.
2. In areas inhabited by persons belonging to national minorities
traditionally or in substantial numbers, if those persons so request and where
such a request corresponds to a real need, the Parties shall endeavour to
ensure, as far as possible, the conditions which would make it possible to use
the minority language in relations between those persons and the administrative
authorities.
3. The Parties undertake to guarantee the right of every person
belonging to a national minority to be informed promptly, in a language which
he or she understands, of the reasons for his or her arrest, and of the nature
and cause of any accusation against him or her, and to defend himself or
herself in this language, if necessary with the free assistance of an
interpreter.
National legislation (Pursuant to the Article 10 of the FCNM):
Article 29
(1) Everyone shall have the right to the independent and fair trial
provided by law which shall, within a reasonable term, decide upon his rights
and obligations, or upon the suspicion or the charge of a penal offence.
(2) In the case of suspicion or accusation for a penal offence, the
suspected, accused or prosecuted person shall have the right:
- to be informed in detail, and in the language he understands, within the
shortest possible term, of the nature and reasons for the charges against him
and of the evidence incriminating him,…
Articles 10, 12, 13 (see under
Item IV.III National legislation)
The Law on Criminal Procedure – Final Draft (NN.62/03)
Article 7.
(1) Croatian language and Latin script shall be used in criminal
proceedings unless second language or scripts are officially introduced in
particular court areas.
(2) Parties, witnesses and other participants in the process are
entitled to use their own language. In case the proceedings are not run in the
language of this particular person, oral translation of what that person or the
others say as well as the translation of related documents and any other
written evidence shall be ensured. The interpreter shall translate.
(3) Prior to his or her first move, the person mentioned in paragraph 2
of this Article who may also decline to use this right in case he or she knows
the language in which the proceedings are run, shall be informed on his or her
right to translation. Information and the statement by the person in question
shall be noted in the minutes of the proceeding.
(4) Court summons and decisions shall be written in Croatian language
and Latin script. Lawsuits, appeals and all other court depositions shall be
submitted in Croatian language and Latin script. In case second language or
script were officially introduced in certain court area of responsibility,
court depositions may be submitted to the court also in that language or
script. After the court hearing has already started, person submitting the
court deposition can no longer, without the court permission, recall his or her
decision on the language he or she would use in the court process.
(5) Arrestee, defendant, under detention as well as the person serving
time shall be delivered the translation of court summons, decisions and court
depositions in the language he or she uses in the court process.
(6) Foreigner under detention may submit the court depositions in the
court hearing in his of her own language, and prior and upon that only in case
of reciprocity.
Article 105.
(1) The use of the language and script of national minorities in civil
procedures shall be regulated by a special law.
(2) Expenses of translation into the languages of respective national
minority resulting from the implementation of the provisions of the
Constitution and other laws regulating linguistic rights of persons belonging to
national minorities shall be covered by the court budget.
(1) Administrative procedures shall be conducted in the official
language and script of the respective administrative body.
(2) Persons belonging to any nation or minority shall be guarantied the
freedom to use their own language and script in administrative procedures under
conditions regulated by special laws.
Comments on the implementation of the
Article 10 of the FCNM:
-
The Constitution of the Republic of Croatia provides for the free use of own
language and script and cultural autonomy and also stipulates that in some
units of local self-government, besides the Croatian language and Latin script,
second language and Cyrillic or any other script can be officially introduced
under the conditions stipulated by the law.
The
Constitutional Law on the Rights of National Minorities provides for the
exercise of the right to equal official use of the language and script used by
persons belonging to a national minority in the area of a local self-government
unit, when members of a particular national minority comprise at least one
third of the population of such a unit (2001 census data are to be considered
relevant). Compared to provisions of the Law on Use of Language and Script of
National Minorities, the Law on the Rights of National Minorities makes a
positive step forward. Provisions of the Law on Use of Language and Script of
National Minorities predetermined introduction of second official language equal
to Croatian language by requesting for the respective minority to constitute
majority in the area of respective city or municipality. Earlier provisions
were unclear since it was impossible to conclude whether this majority was the
relative or the absolute one. Nowadays threshold is precisely established.
Constitutional Law provides for the possibility to regulate the right to equal
official use of minority language and script, in case the minority constitutes
less than one third of the population in the respective city or municipality,
by international agreements and statutes of the unite of local
self-government.
-
In some opinions, the threshold of one third of the population belonging to a
national minority of such a unit required to exercise the right to equal
official use of minority language and script, is high with a lower figure of
between 10 and 20 per cent being considered reasonable by bodies such as the
CoE Advisory Committee.[151]
For example, in the city of Vukovar, the only bigger urban area in the Republic
of Croatia inhabited by traditionally settled Serbian national minority that
constitutes 32,88% of the population in that area, according to the provisions
of the Constitutional Law, it is impossible to introduce Serbian language and script
as second official language and script. Hungarian national minority submitted
an official request for introduction of Hungarian language into official use in
the city of Beli Manastir although this minority constitutes only 8,5 per cent
of the population in that city. The president of the city council of Hungarian
national minority, Mr. Robert Jankovic, said that their request drew the
attention of media and caused certain negative public reaction without any
justified reason. He reminded that Hungarian minority exercised this same right
even before 1991.[152]
Therefore, this request by the Hungarian minority could be considered as a
reference to “acquired” rights.[153]
The exercise of the right to official use of the language and script in some
units of local self-government depends, at first, on the political will of the
representatives of local self-government (for example, the statutes in the
Istria county introduced Italian language as equal to Croatian in official use)
and adjustment of the census results with possible changes in the ethnic
composition of the population caused by the return of refugees and displaced
persons.
-
Some Units of Local Self-Governments, such as municipalities Vojnic, Krnjak,
Gvozd, Donji Kukuruzari, Dvor, Korenica, in which the threshold is satisfied
(1/3 of the population) for legal exercise of the right on equal official use
of Serbian minority language and script, did not build this provision into
their statutes although they were obliged to do so. State administration offices
that are, according to the law, obliged to monitor the implementation of the
provisions of the Law on the Use of the Language and Script of National
Minorities and the Constitutional Law on the Rights of National Minorities did
not react and order respective municipalities to amend their statutes.[154]
IV.IX
Article 11
1. The Parties undertake to recognise that every person belonging to a
national minority has the right to use his or her surname (patronym) and first
names in the minority language and the right to official recognition of them,
according to modalities provided for in their legal system.
2. The Parties undertake to recognise that every person belonging to a
national minority has the right to display in his or her minority language
signs, inscriptions and other information of a private nature visible to the
public.
3. In areas traditionally inhabited by substantial numbers of persons
belonging to a national minority, the Parties shall endeavour, in the framework
of their legal system, including, where appropriate, agreements with other
States, and taking into account their specific conditions, to display
traditional local names, street names and other topographical indications
intended for the public also in the minority language when there is a
sufficient demand for such indications.
National legislation (pursuant to the Article 11 of the FCNM):
Article 9, 10, 12, 13 (see under Item IV.III National legislation)
Article 1.
(1) This Law regulates the procedure on establishing personal names of
the citizens of the Republic of Croatia.
(2) Every citizen has the right and is obliged to use his or her
personal name.
Article 6.
(1) Every person has the right to change his or her personal name.
(2) Application for changing personal name shall specify the reasons
for the requested change, and suggested new name shall justify the request.
(3) Municipal administrative body responsible of general administration
in the place of permanent residence of the applicant shall decide on the
request for changing personal name.
Article 8.
Identity Card sheet is printed in Croatian and English languages and
Latin script, it is filled out in Croatian language and Latin script only.
When regulated with a special law or international agreements, sheet of
Identity card for a member of national minority group, shall be printed in the
language of national minority.
Sheet mentioned in row 2 of this Article shall be filled out in
Croatian language and Latin script and language and scripts of members of
national minorities.
Comments on the implementation of the
Article 11 of the FCNM:
-
The Constitutional Law on the Rights of National Minorities provides for the
right to free use of their language and script, privately and in public use and
in official use of own language and script, privately and publicly, including
the right to use of their signs and symbols and other information in accordance
to the law; and the right to use their surname and name in a language which
they use, and to its official recognition for them and their children through
the entry into registers of births, marriages and deaths and other official
documents, in compliance with the regulations of the Republic of Croatia. In some cases and in some areas, the
interpretation of this, exclusively personal right together with the right to
official use of minority language and script is limiting the right of a
national (Serbian) minority to use their names and surnames in the language
they use.
-
In the Report of the Republic of Croatia on the Implementation of the Framework
Convention on Protection of National Minorities from March 2004, it is
mentioned that pursuant to the provision of the Constitutional Law on
Protection of National Minorities (Article 9 paragraph 1), persons belonging to
national minorities have the right to use their own names in the language they
use and that, according to the Law on Personal Name, every person is obliged to
use his or her names. It is also specified that this right is a strictly
personal right and that no one but that person can change it.[155]
Some ethnic Serbs who used to exercise this right were deprived of the right to
sign the passport application forms in Cyrillic (Serbian) script, and in the
same sense to use their own names in written form. Upon the enquiry of the
Center for Peace, Legal Advice and Psychosocial Assistance in Vukovar, the
Ministry of Interior responded as follows: “...passport application forms are
printed in Croatian language and Latin script and, additionally, in English and
French and need to be filled, exclusively, in Croatian Language and Latin
script. Therefore, the signature of the applicant on the Form 5 and the Form 7
(data to be entered into the passport) should be written in Latin script when
filling in the afore-mentioned forms. We would like to emphasise that the Law
on Personal Name or any other acts do not regulate the issue of the signature
in the script on national minority. We are kindly asking you to contact a body
competent for a legal interpretation in reference to the issue.“[156]
- The Article 9 paragraph 2 of the
Constitutional Law mentions that the persons belonging to national minorities
are entitled to the ID Card form printed and filled in the language and script
they use. The opinion of the Ministry of Interior is that this particular right
can be exercised, if request, only by those persons belonging to minorities who
live in the areas of local or field units of Self-government in which the
language used by the respective minority was, beside the Croatian language,
officially introduced as the second official language. But, since the Article 9
paragraph 2 does not refer to the implementation of the provisions of the Law
on the Use of Minority Language and Script or to another provision of the
Constitutional Law on the Rights of National Minorities, and that, in some
opinions, this personal right of choice should not be related to the number of
persons belonging to particular minority in the areas of certain units of
local/field Self-government, it is to be concluded that some interpretations are
quite opposite to the opinion of the Ministry of Interior.[157]
Several applications for bilingual ID cards by ethnic Serbs from Vukovar area,
where Serbian language was not introduced as second official language were
rejected on the basis of the opinion of the Ministry of Interior.[158]
-
Exercise of the right to giving traditional local names, names of the streets
and other topographical signs providing for the general public in minority
language when there is adequate interest relates to the exercise of the right
to official use of minority language and script (see under the Item IV.VIII).
This right is respected in general in units of local self-government where a
minority language in the official use. The example of partial exercise of this
right is noticed in 4 municipalities of the Vukovar-Sirmium County
(municipalities: Trpinja, Borovo, Markusica and Negoslavci) where Serbian
language is in official use but there are no bilingual (Croatian and Serbian)
traffic signs. Traffic signs with the name of the village are written only in
Croatian language and Latin script, there are no traffic signs in Serbian
language and Cyrillic script although municipal officials asked for them.
Bodies competent to deal with these issues did not meet the requests made for many
years by these municipalities, additionally, they removed bilingual signs
municipal officials put.
- In former UNTAES area, the Eastern Slavonia, on August 20, 1997 the
Directive on Presentation of Signs of Public Institutions, Enterprises and
Other Administrative Bodies whose official signs was issued, upon the
completion of reintegration of particular enterprise or institution on the
basis of written document were presented in both languages and scripts, Serbian
and Croatian.”[159]
The Directive was planned to be in force till Transitional Administrator
decides otherwise. Some signs were removed after the UNTAES mandate finished
during the period of so called Peaceful Reintegration and only those signs that
were in Croatian language were left.
- Zdenka
Čuhnil, the representative of Czech and Slovak minorities in Croatian
Parliament commented on the law on Use of Minority Language and script as
follows: “ Regarding this other law on use of language and scripts, it is also
a good law, but, how many units of local self-government incorporated it into
their statutes? I’ve already mentioned one bizarre example where a minority has
acquired right to use its minority language in one city. But, local authorities
put that right to a level of decision to put the welcoming sign to the entrance
of that city in both Croatian and a minority language and, in that sense, the
use of a minority language in that city finishes right there for them. While
current Government is trying to assist in overcoming these entire minority
related problems and policies, a lot is collapsing at local and regional levels
and I am wondering when will they call for action since the implementation of
certain laws, in many ways, depend on them in final instances.’’[160]
-
In the opinion of some non-governmental associations from Knin, such as
ALTRUIST Split, Knin Office, expression of intolerance against minority
language and script (Cyrillic) of Serbian community makes Serbs to use Latin
script even in cases when this is traditionally beyond comprehension, for
example in notices on religious services, death announcements, tombstones. An
example of intolerance: Twenty-year old M.Z. was killed on August 5, 1995, in
joint police and military action “Storm”. His body was exhumed from the mass
grave in Knin. He was buried in the village where he was born in the beginning
of 2004. His parents live in Serbia and Montenegro and, therefore, they printed
his death announcement in Cyrillic script in Belgrade. The announcements that
were placed in the streets of Knin were destroyed the very same day. Similar
announcements if written in Latin sprit are not being removed but, often, some
improper remarks are being added on them.
IV.X
Article 12
1. The Parties shall, where appropriate, take measures in the fields of
education and research to foster knowledge of the culture, history, language
and religion of their national minorities and of the majority.
2. In this context the Parties shall inter alia provide adequate
opportunities for teacher training and access to textbooks, and facilitate
contacts among students and teachers of different communities.
3. The Parties undertake to promote equal opportunities for access to
education at all levels for persons belonging to national minorities.
National legislation (pursuant to the Article 12 of the FCNM):
Article 11 & 15 (see under Item IV.III National legislation)
Comments on the implementation of the
Article 12 of the FCNM:
-
In accordance with the Constitutional Law, for the purpose of preservation,
development, promotion and expression of their own national and cultural
identity, persons belonging to national minorities may establish associations,
endowments and foundations, as well as institutions for the performance of
public information activities, cultural, publishing, museum, archival, library
and scientific activities. the Law also stipulates that institutions of higher
education may organise the conduct of the programme of education of school
counsellors and teachers for the performance of tasks of education in the
language and script used by national minorities in a part containing specific
qualities of a national minority (mother tongue, literature, history, geography
and cultural creativity of a national minority).
-
In practice, some minority communities face the problem of adjustment or
provision of (adequate) textbooks in minority languages when creating,
adjusting to specific needs and adopting plans and programs for education of
national minorities and ensuring human recourses trained to teach in minority
language.[161] In the
beginning of academic year 2003/2004, the moratorium on teaching history of
former Yugoslavia for the period 1989 – 1995 that was introduced in 1997 for
the students, ethnic Serbs in former UNTAES area expired. The Ministry of
Education and representatives of Joint Council of Municipalities (Serbian
organisation established in accordance with the Letter of Intent by the
Republic of Croatia on completion of the process of peaceful reintegration
under the UNTAES administration in 1997) agreed to produce special separate
history textbooks, in order to have a more impartial and better balanced
viewing of the recent history, the time prior to the 1991 – 1995 war period.
Those materials are to be designed for the students of Serbian ethnicity. Joint
Council of Municipalities insisted on “impartial establishment of historical
facts”. The working group on separate textbooks included both Serbian and
Croatian experts.[162]
Separate textbooks have not yet been produced. Independent analyses of
particular primary and secondary school textbooks still reflect signs of
intolerance and negative prejudices against minorities.[163]
For example, the analyses of one science textbook for the first grade of
primary school “From Home to School” by Jadranka Žderić published in 2000 says
that “...insisting, exclusively, on Roman Catholic holidays without contextual
sing showing that there also others is followed by questions on how Christmas
is celebrated within the family. This must be traumatic for children that are
not Roman Catholics. The question: “How do you celebrate Christmas?” violates
the right to privacy”. The analyses of one history textbook for the 8th
grade of primary school by the author Mrs. Vesna Đurić published in 2000 says
that: “ the students are being served (historical) forgeries... any criticism
is impossible” and recommends for the textbook in question to be eliminated for
“ many lies and manipulations which mislead the students in terms of history
and coexistence[164]
Roma children and students face problems of discrimination and segregation in
schools. “ An estimated 10 percent of Croatian Roma children begin primary
school, and of these only approximately 10 percent go on to secondary school.
International and local NGOs remained concerned about the practice of holding
separate classes (allegedly of lower quality) for Roma students in northern
Croatia. In May, the European Centre for Roma Rights (ECRR) lodged a
pre-application letter against Croatia with the European Court of Human Rights
in Strasbourg related to the case of segregated classes in Medjimurje. In 2002,
the Cakovec County Court confirmed a municipal court's verdict, which rejected
a complaint by 15 parents of Roma students who charged the Ministry of
Education, Medjimurje County, and four primary schools for operating segregated
classes. ECRR filed the pre-application to bring the matter before the European
Court should the Croatian Constitutional Court rule against their appeal.
In
March, more than 100 residents of the village of Drzimurec–Strelec protested
against the building of a new wing of a primary school for Roma children, who
constitute a majority in the first four grades. County authorities said they
would not give up the project and that construction, delayed for technical
reasons, was scheduled to begin in 2004. A school in Medjimurje held both mixed
and integrated classes; however, it fell short of the constitutionally guaranteed
right of all citizens to equal education regardless of ethnicity.”[165]
-
On teaching of religion (religious classes) see under Item IV.VI.
IV.XI
Article 13
1. Within the framework of their education systems, the Parties shall
recognise that persons belonging to a national minority have the right to set
up and to manage their own private educational and training establishments.
2. The exercise of this right shall not entail any financial obligation
for the Parties.
National legislation (pursuant to the Article 13 of the FCNM):
Article 11 paragraph 8 (see under Item IV.III National legislation)
Comments referring to the implementation of the Article 13 of the FCNM:
-
The Republic of Croatia set both formal and legal frames within its national
legislation for the adequate implementation of the Article 13 of the FCNM.
IV.XII
Article 14
1. The Parties undertake to recognise that every person belonging to a
national minority has the right to learn his or her minority language.
2. In areas inhabited by persons belonging to national minorities
traditionally or in substantial numbers, if there is sufficient demand, the
Parties shall endeavour to ensure, as far as possible and within the framework
of their education systems, that persons belonging to those minorities have
adequate opportunities for being taught the minority language or for receiving
instruction in this language.
3. Paragraph 2 of this article shall be implemented without
prejudice to the learning of the official language or the teaching in this
language.
National legislation (pursuant to the Article 14 of the FCNM):
Article 11 (see under Item IV.III National legislation)
Comments on the implementation of the
Article 14 of the FCNM:
-
The Constitutional Law on the Rights of national minorities guarantees the
right to persons belonging to national minorities to the upbringing and
education in the language and script they use. The Law also guarantees the
right to persons belonging to minorities to education in the language of the
majority. Persons belonging to Serbian and other minorities living in the
former UNTAES area are guarantied the right to educational and cultural autonomy
pursuant to the Article 8 of the Letter of Intent by Croatian government
submitted to the UN Security Council on the completion of the peaceful
integration from 1997. Pursuant to the Law on Upbringing and Education of
persons belonging to national minorities, teaching in the language and script
they use is performed in pre-school institutions, primary and secondary schools
and other educational institutions. Schools in which the teaching is performed
in a minority language and script can be founded even if the number of the
pupils is lower compared to the number of pupils required for establishment of
the school in which the teaching is performed in Croatian language and script.
Pupils who are attending classes in the language and script of a minority have
the right but also an obligation to study Croatian language and Latin script.
School curriculum and program, apart from the general part, contains the part
related to the specifics of a national minority (mother tongue, literature,
history, geography and cultural opus of a national minority). Upbringing and
education of persons belonging to national minorities is performed through
three different basic models. Basic models are: A – teaching in the language
and script of national minorities, B – bilingual teaching and C- promotion of
the language and culture of minorities.
-
Model A considers founding of separate schools in which the teaching is
performed in minority language and script. In case of Serbian minority, the
Government’s view is rather different. Compared to similar requests by Italian
and Hungarian minorities, the Government discriminates the requests by Serbian
minority. Italian minority in Istria and Hungarian minority in Eastern Slavonia
have established separate minority schools with classes in their own languages
and scripts. The requests by Serbian minority for founding and formal
registration of schools in Serbian language and Cyrillic script (teaching in
Serbian language and script is already being performed in some schools, but those
schools are not formally registered as minority schools) from July 2002 met
with negative reactions of the authorities. Mr. Goran Granic, who was the Prime
Minister of the Croatian Government at that time claimed that such a request by
the Serbian minority might result in a segregation of Serbian school children.[166]
The most important issues related to the minority education include employment
of qualified Serbian teachers, school curriculum and program on national level
that includes national minorities’ contribution (including history, literature,
geography, etc) and additional programmes in Serbian language and script.[167]
This problem, obviously, is a serious political issue at local but also
national level. Mr. Djuro Podunavac, the president of the Educational Board of
the Joint Council of Municipalities, said that the lack of implementation of
the law in this case was a result of extreme views by certain individuals.[168]
The Government asked for the OSCE Mission to the Republic of Croatia engagement
in the issue in order to ensure that the right to minority education does not
result in exclusion or isolation of minorities.
The incidents between the students of Serbian and Croat ethnicity happen
occasionally in the area of Eastern Slavonia. School facilities in the city of
Vukovar are being physically divided to Croat and Serbian classes and the whole
political situation at local level does not contribute to reductions in
interethnic tensions. Vukovar Grammar School is just one of the examples of
physical division on “Croatian” and “Serbian” parts. Mr. Vladimir Stengl, the
Mayor of Vukovar, commented on the fact that Croatian students attend classes
in reconstructed school premises while the Serbian children still use the old
and unreconstructed building, saying that the citizens had the right to insist
on the Serbian classes not to be held in the building the Serb forces destroyed
ten years ago.[169]
The issue of formal founding and registration of minority schools in Serbian
language continues to be unsolved for the silence of the administration.
-
In Knin, despite constant efforts of Serb Orthodox Church and Serb Cultural
Association “Prosvjeta” students of Serb ethnicity were not provided the
additional school program in their mother tongue.[170]
Although the children and their parents were interested to form classes in
Serbian language in Pakrac and Daruvar they were explained that there was
insufficient number of students and their requests to form such classes were
rejected.[171]
-
For details related to the education issues, see, also, the Item IV.X.
IV.XIII
Article 15
The Parties shall create the conditions necessary for the effective
participation of persons belonging to national minorities in cultural, social
and economic life and in public affairs, in particular those affecting them.
National legislation (pursuant to the Article 15 of the FCNM):
Article 44.
Every citizen of the Republic of Croatia shall have the right, under
equal conditions, to take part in the conduct of public affairs, and to have
access to public services.
Article 45.
All Croatian citizens of the Republic of Croatia who have reached the
age of eighteen years shall have universal and equal suffrage. This right shall
be exercised through direct elections by secret ballot.
In elections for the Croatian Parliament and for the President of the
Republic, the Republic of Croatia shall ensure suffrage to its citizens who are
abroad at the time of the elections, so that they may vote in the countries in
which they are or in any other way specified by law.
Article 19.
(1) The Republic of Croatia shall guarantee members of national
minorities the right to representation in the Croatian Parliament.
(2) Members of national minorities shall elect a minimum of five and a
maximum of eight of their representatives in special electoral units, in
compliance with the law regulating the election of representatives into the
Croatian Parliament, whereby the acquired rights of national minorities may not
be decreased.
(3) Members of national minorities who participate in the total
population of the Republic of Croatia with more than 1.5% shall be guaranteed a
minimum of one and a maximum of three representative seats for the members of
that national minority, in compliance with the law regulating the election of
representatives into the Croatian Parliament.
(4) Members of national minorities who participate in the total
population of the Republic of Croatia with less than 1.5% shall have the right
to elect a minimum of four representatives, members of national minorities, in
compliance with the law regulating the election of representatives into the
Croatian Parliament.
Article 20
(1) The Republic of Croatia shall guarantee members of national
minorities the right to representation in the representative bodies of local
self-government units and in the representative bodies of regional
self-government units.
(2) If at least one member of a national minority, which participates
in the population of the local self-government unit with more than 5 % and less
than 15 %, is not elected in the representative body of the self-government
unit on the basis of universal suffrage,
the number of members of the representative body of the self-government unit
shall be increased by one member, and the member of a national minority, who
was not elected first according to the proportional success of each slate in
the elections, shall be considered elected, unless otherwise stipulated by the
law regulating the election of members of the representative body of a local
self-government unit.
(3) If, based on universal suffrage, a national minority which accounts
for at least 15% in the population of a local self-government unit, is not
represented in the representative body of the local self-government unit by the
number of members of the national minority which is proportional to its share
in the population of that local self-government unit, the number of members of
the representative body of the unit shall be increased up to the number which
is necessary to exercise the representation, and those members of a certain
minority, who were not elected, according to the order of proportional success
of each slate in the elections, shall be considered elected, unless otherwise
stipulated by the law regulating the election of members of the representative
body of a local self-government unit.
(4) If, based on universal suffrage, a national minority which accounts
for more than 5 % in the population of a regional self-government unit, is not
represented in the representative body of the unit by the number of members
proportional to its share in the population of that regional self-government
unit, the number of members of the representative body of the unit shall be
increased up to the number which is necessary to exercise the representation,
and those members of a certain minority, who were not elected, according to the
order of proportional success of each slate in the elections, shall be
considered elected, unless otherwise stipulated by the law regulating the
election of members of the representative body of a regional self-government
unit.
(5) If the representation of members of national minorities in the
representative body of a local self-government unit is not reached even with
the application of the provisions as per Paragraphs 2 and 3 of this Article, or
if the representation of members of national minorities in the representative
body of a regional self-government unit is not reached even with the
application of the provisions as per Paragraph 4 of this Article, by-elections
shall be called in the self-government unit in compliance with these
provisions.
(6) The nomination and election of members of the representative body of
a local self-government unit and regional self-government unit pursuant to the
provisions of Paragraphs 2, 3, 4 and 5 of this Article, shall be regulated by
the law regulating the election of members of representative bodies of local
and regional self-government units.
(7) The official census results shall be relevant to the determination
of the number of members of a national minority for the implementation of the
provisions of this Article. Prior to each election, the official census results
on the number of members of national minorities in a local or regional
self-government unit shall be conformed to possible changes registered in the
last confirmed voter’s list of that unit.
Article 21
Local self-government units and regional self-government units, in
which members of national minorities do not constitute the majority of
population, may determine by their statutes that members of national
minorities, or a larger number of members of national minorities, are elected
to the representative body of a local self-government unit or regional
self-government unit than it ensues from their share in the total population of
the unit.
Article 22
(1) In a local self-government unit and in regional self-government
unit (hereinafter: self-government unit), in which, pursuant to the provisions
of this Constitutional Law, proportional representation of members of its
representative body needs to be ensured from among the ranks of members of
national minorities, the representation of members of a national minority shall
be ensured in its executive body.
(2) The members of national minorities shall be ensured representation
in the state administration and judicial bodies in compliance with the
provisions of a special law, taking into account the share of members of
national minorities in the total population at the level at which the state
administration or judicial body was established and the acquired rights.
(3) Members of national minorities shall be ensured representation in
the administrative bodies of self-government units in compliance with the
provisions of a special law regulating local and regional self-government and
in compliance with the acquired rights.
(4) Members of national minorities shall have priority in the filling
of posts as per Paragraphs 2 and 3 of this Article, under equal conditions.
III. COUNCILS AND REPRESENTATIVES OF NATIONAL MINORITIES IN
SELF-GOVERNMENT UNITS
Article 23
Members of national minorities shall elect, in the manner and under the
conditions stipulated by this Constitutional Law, their representatives for the
reason of participation in the public life and management of local affairs
through the councils and representatives of national minorities in
self-government units, in order to improve, preserve and protect the position
of national minorities in the society.
Article 24
(1) In self-government units in the area of which members of an
individual national minority participate with at least 1.5 % in the total
population of the self-government unit, in local self-government units in the
area of which more than 200 members of an individual national minority are
living, and regional self-government units in the area of which more than 500
members of a national minority are living, members of each of those national
minorities may elect the Council of National Minority.
(2) Ten members of a national minority shall be elected into the
Council of National Minority of a municipality, 15 members into the Council of
National Minority of a town and 25 members into the Council of National
Minority of a county.
(3) In cases when at least one of the conditions as per Paragraph 1 of
this Article for the election of the Council of National Minority has not been
fulfilled, and there are at least 100 members of a national minority living in
the area of a self-government unit, a minority representative shall be elected
for the area of such self-government unit.
(4) The candidates for the members of the Council of National Minority,
that is, the candidates for minority representatives, may be proposed by the
associations of national minorities or by at least 20 members of a national
minority from the area of a municipality, that is, 30 members from the area of
a town and 50 members from the area of a county.
(5) The members of the Council of National Minority and minority
representatives shall be elected directly, by secret ballot, for a four-year
term, and the provisions of the Law, which regulate the election of the members
of representative bodies of local self-government units, shall be appropriately
applied to the election procedure and other issues related to their election.
(6) The census, corrected (increased or decreased) by that number of
voters who are registered in or deleted from the voter’s list, compiled for the
election of members of representative bodies of local self-government units,
shall be relevant to the determination of the number of members of a national
minority for the conduct of the provisions of this Article.
Article 25
(1) The Council of National Minority shall be a non-profit legal
person. It shall acquire the capacity of a legal person by the entry into the
Register of Councils of National Minorities, which is kept by the Ministry
competent for general administration affairs.
(2) The Council of National Minority shall be responsible for its
commitments with its entire assets.
(3) The title of the Council of National Minority shall be in the
Croatian language and Latin script, as well as in the language and script used
by the national minority which founded the Council.
(4) The title of the Council of National Minority shall contain the
sign of the national minority and the sign of the area for which it was
elected.
(5) The Minister competent for general administrative affairs shall
stipulate the content of the Register of Councils of National Minorities and
the manner of its keeping by a Rule Book, as well as the form of requests for
entry into the Register of Councils of National Minorities.
Article 26
The members of the Council of National Minority shall elect the
President of the Council by secret ballot. The Council of National Minority
shall also elect a person who shall replace the President of the Council in
case of his absence or him being prevented to perform his duty.
Article 27
(1) The Council of National Minority shall pass the working programme,
financial plan and annual financial statement, as well as the statute which
regulates the issues of significance for the work of the Council.
(2) The President of the Council of National Minority shall represent
and act on behalf of the Council of National Minority, convene the sessions of
the Council and have the rights and obligations set forth by the Statute of the
Council.
(3) The Council of National Minority shall pass the Statute, working
programme, financial plan and the annual financial statement by the majority of
votes of all members.
(4) The statute, financial plan and the annual financial statement of
the Council of National Minority shall be published in the official gazette of
the local or regional self-government unit for the area of which the Council
was established.
Article 28
(1) Self-government units shall provide the funds for the work of The
Council of National Minority, including the funds for the performance of
administration tasks for their needs, and they may also provide the funds for
the conduct of specific activities set forth in the working programme of the
Council of National Minority.
(2) The funds for the exercise of specific programmes of the Council of
National Minority may also be provided from the state budget of the Republic of
Croatia.
Article 29
(1) The funds, which the Council of National Minority gains from its
property, from donations, gifts, inheritance or some other basis, may be used
exclusively for the activities and tasks of importance for the national
minority which were determined in the working programme of The Council of
National Minority.
(2) The funds, which the Council of National Minority gains from the
state budget of the Republic of Croatia or the budget of a self-government
unit, may be used exclusively for the purposes determined in the budget and
law, that is, by a decision which regulates the execution of the budget, or for
the purposes determined by the Council for National Minorities, in the case of
funds from the state budget of the Republic of Croatia.
(3) When the Council of National Minority purchases goods or services
or performs works using the funds as per Paragraph 2 of this Article, it may
only use them under the conditions and in the manner stipulated by the Law on
Public Purchase.
Article 30
(1) The members of the Council of National Minority shall perform their
duties, as a rule, voluntarily and with the care of a good host.
(2) The members of the Council of National Minority may only receive a
compensation for the costs they had while performing the tasks for the Council
from the Council’s funds, as well as a reward, on a monthly basis or some other
period of time, if approved, and to the amount approved, by the minister
competent for general administration.
Article 31
(1) The Council of National Minority in a self-government unit shall
have the right to:
- propose to the bodies of a self-government unit the measures for the
improvement of the position of a national minority in the state or in an area
thereof, including the submission of proposals of general acts which regulate
the issues of significance for a national minority to the bodies which adopt
them;
- propose candidates for duties in state administrative bodies and
bodies of self-government units;
- be informed about each issue which the working bodies of the
representative body of a self-government unit will discuss, and which pertains
to the position of a national minority;
- provide opinions and proposals with regard to the programmes of radio
and television stations at the local and regional level intended for national
minorities or programmes which deal with minority issues.
(2) The bodies of self-governments units shall regulate the manner,
deadlines and the procedure for the exercise of rights stipulated in Paragraph
1 of this Article by its general acts.
Article 32
(1) The authorities of a self-government unit shall be obliged, in the
preparation of proposals of general acts, to request from the Council of
National Minority established for its area an opinion and proposals with regard
to the provisions which regulate the rights and freedoms of national
minorities.
(2) Should the Council of National Minority deem that a general act of
a self-government unit or some of its provisions, is contrary to the Constitution,
this Constitutional Law or special laws regulating the rights and freedoms of
national minorities, it shall be obliged to immediately inform about it the
ministry competent for general administration. It shall also inform on that the
authorities of the self-government unit and the Council for National
Minorities.
(3) If the Ministry competent for general administration evaluates that
the general act as per Paragraph 2 of this Article or some of its provisions is
contrary to the Constitution, this Constitutional Law or special laws which
regulate the rights and freedoms of national minorities, it shall terminate its
implementation within eight days.
(4) The decision on the termination of implementation shall be
forwarded, without a delay to the municipal mayor, city mayor, that is, to the
county mayor and to the president of the representative body which passed the
general act and the information on the passing of the decision shall be
forwarded to the Council for National Minorities and to the Council of National
Minority based on which information the decision was passed.
(5) The Ministry competent for general administration shall forward to
the Government of the Republic of Croatia the decision on the termination of
implementation of the general act with a proposal for the initiation of the
procedure for the assessment of conformity with the Constitution and law before
the Constitutional Court of the Republic of Croatia and it shall inform a
self-government unit on that.
(6) The termination of the implementation of the general act shall
cease if the Government of the Republic of Croatia does not initiate the
procedure as per Paragraph 5 of this Article within 30 days from the day of
receipt of the decision as per Paragraph 5 of this Article.
Article 33
(1) Two or more Councils of National Minorities founded in the same
local self-government unit, two or more Councils of National Minorities founded
in different local self-government units, two or more Councils of National
Minorities founded in the same regional self-government unit and two or more
Councils of National Minorities founded in different regional self-government
units may establish the co-ordination of Councils of National Minorities for
the purpose of conformation and promotion of mutual interests.
(2) The Councils of National Minorities shall conform the positions on
the issues from their scope of activities through the co-ordination of Councils
of National Minorities.
(3) The Councils of National Minorities may authorise the co-ordination
of Councils of National Minorities to undertake particular measures as per
Article 31 of this Constitutional Law, on their behalf.
(4) It shall be considered that the Councils of National Minorities of
regional self-government units have established a co-ordination of Councils of
National Minorities for the area of the Republic of Croatia when more than half
of Councils of National Minorities of regional self-government units joined the
agreement on the establishment of this co-ordination.
(5) The co-ordination of Councils of National Minorities, which was
established by the Councils of National Minorities of regional self-government
units for the area of the Republic of Croatia, may pass decisions on signs and
symbols of national minorities and on the manner of celebration of holidays of
national minorities with the consent of the Council for National Minorities.
Article 34
(1) A minority representative shall perform his tasks under the title
which has to be in the Croatian language and Latin script and in the language
and script used by the national minority which elected him and which contains
the mark of the area for which he was elected.
(2) A minority representative shall open an account for funds which are
used for the exercise of minority rights in the area of a local self-government
unit for which he was elected, the financial plan for the use of those funds
and the annual financial statement for those funds. The financial plan and the
annual financial statement for the funds used for the exercise of minority
rights, shall be published in the official gazette of the self – government
unit for the area of which the minority representative has been elected.
(3) The provisions of Articles 28, 29, 30, 31, 32 and 33 of this
Constitutional Law shall be adequately applied to a minority representative and
his competencies and duties.
IV. THE COUNCIL FOR NATIONAL MINORITIES
Article 35
(1) The Council for National Minorities shall be established in order
for national minorities to participate in the public life of the Republic of
Croatia and especially to discuss, propose, regulate and resolve issues related
to the exercise and protection of rights and freedoms of national minorities.
With that goal, the Council shall co-operate with the competent state bodies and
bodies of self-government units, councils of national minorities or minority
representatives, associations of national minorities and legal persons
performing the activities, through which minority rights and freedoms are
exercised.
(2) The Council for National Minorities shall have the right to:
- propose to the bodies of state authorities to discuss certain issues
of significance for a national minority, particularly the implementation of
this Constitutional Law and special laws regulating minority rights and
freedoms;
- propose to the bodies of state authorities measures to improve the
position of a national minority in the state or in an area thereof;
- provide opinions and proposals about the programmes of public radio
stations and public television intended for national minorities and about the
manner in which minority issues are being treated in the programmes of public
radio stations and public television and other media;
- propose the undertaking of economic, social and other measures in the
areas that are traditionally or in a significant number inhabited by members of
national minorities in order to preserve their existence in those areas.
- request and acquire from the bodies of state authorities and bodies
of local and regional self-government the data and reports required for
discussing the issues from its scope of activities;
- invite and request the presence of representatives of bodies of state
authorities and bodies of local and regional self-governments, which competence
includes the issues from the scope of activities of the Council established by
this Constitutional Law and the Statute of the Council.
(3) The Council for National Minorities shall co-operate in the issues
of interest for national minorities in the Republic of Croatia with the
competent bodies of international organizations and institutions which deal
with the issues of national minorities as well as with the competent bodies of
parent countries of members of national minorities in the Republic of Croatia.
(4) The Council for National Minorities shall allocate the funds
provided from the state budget for the needs of national minorities. The
beneficiaries of the funds shall submit annual reports to the Council on the
expenditure of the funds which were allocated to them from the state budget, of
which the Council shall inform the Government of the Republic of Croatia and
the Croatian Parliament.
(5) If the Council for National Minorities fails to pass a decision on
the allocation of funds as per Paragraph 4 of this Article within 90 days from
the adoption of the state budget, the Government of the Republic of Croatia
shall pass a decision on it.
Article 36
(1) The Government of the Republic of Croatia shall appoint members of
the Council for National Minorities for a four-year term, as follows:
- seven members of national minorities, from among the ranks of persons
proposed by councils of national minorities,
- five members of national minorities from among the ranks of
distinguished cultural, scientific, expert, religious employees from among the
ranks of persons proposed by minority associations and other minority
organisations, religious communities, legal persons and citizens, members of
national minorities.
(2) The members of the Council for National Minorities shall also be
representatives of national minorities in the Croatian Parliament.
(3) The Council for National Minorities shall have a President and two
Deputy Presidents appointed by the Government of the Republic of Croatia from
among the ranks of the members of the Council. One of them shall be
obligatorily a member of the Council from among the ranks of a national
minority which participates in the total population of the Republic of Croatia
with more than 1.5%.
(4) On the occasion of the appointment of members of the Council for
National Minorities, the Government of the Republic of Croatia shall take into
account the share of members of particular national minorities in the total
population of the Republic of Croatia, as well as the fact that the composition
of the Council shall reflect their identity and specific quality, historical
values, ethnic, cultural and every other diversity.
(5) The President and Deputy Presidents of the Council for National
Minorities shall perform their duty professionally and the President of the
Council shall also be the Head of the Expert Office of the Council.
(6) The Government of the Republic of Croatia shall establish the
Expert Office of the Council for the performance of expert and administrative
tasks for the Council for National Minorities and it shall determine the
approximate number of its officials and employees.
(7) The Council for National Minorities shall have a Statute adopted
with the consent of the Government of the Republic of Croatia. The Statute
shall more precisely regulate the scope of activities and the organization of
the Council.
(8) The Council for National Minorities shall adopt the working
programme, the financial plan, the annual financial statement and decisions on
the allocations of funds which are provided in the state budget for the needs
of national minorities.
(9) The Council for National Minorities shall adopt a Rule Book on the
Internal Order of the Expert Office of the Council upon the proposal of the
President of the Council.
(10) The Council for National Minorities shall pass decisions with the
majority of all members.
(11) The working programme of the Council for National Minorities, the
financial plan and the annual financial statement of the funds of the Council
for National Minorities, and the acts, whereby the Council for National
Minorities allocates the funds provided in the state budget for the needs of
national minorities, shall be published in the "Official Gazette".
Comments on the implementation of the
Article 15 of the FCNM:
-
The Constitutional Law on the Rights of National Minorities guarantees
representation to national minorities in representative bodies at national and
local levels, as well as in administrative and judicial bodies and
participation of persons belonging to minorities in the public life and local
affairs management via councils and representatives of national minorities.
-The
Republic of Croatia through its Constitutional Law on the Rights of National
Minorities guarantees representation of a minimum of 5 and a maximum of 8
representatives in Croatian Parliament to persons belonging to minorities.
Persons belonging to national minorities who make up more than 1.5% of the
total population of the Republic of Croatia with more than 1.5% shall be
guaranteed a minimum of one and a maximum of three representative seats for the
members of that national minority, in compliance with the law regulating the
election of representatives into the Croatian Parliament. The Law on Amendments
on the Law on Election of Members of the Croatian Parliament that was adopted
in April 2003, extended earlier right of national minorities to elect five
representatives into the Parliament to eight representatives. Persons belonging
to the Serb national minority elect 3, Hungarian and Italian minorities each 1
and other 19 minorities together 3 representatives.[172]
Eight minority representatives were elected into Croatian Parliament in
elections held on November 23, 2003. Certain minorities were concerned if
common representatives of several minority communities would ensure that their
voices are “heard” in the Parliament.[173]
The request by certain minorities to a “dual” right to vote was not accepted by
the Government and the Parliament, or by the Constitutional Court of the
Republic of Croatia.[174]
- Constitutional
Law on the Rights of National Minorities guarantees to national minorities the
representation in representative bodies of the units of local and regional
self-government. In February 2002, By-elections for the election of the
representatives of national minorities and Croatian people into municipal and
city councils and county assemblies were held. This, in principle, ensured
proportional representation of minority population, Serbs and Roma in
particular, in 19 local and regional self-governments which was not realised by
earlier local elections held in 2001.
-
The Constitutional Law guarantees the right to proportional representation in
state administrative and judicial bodies as well as in the bodies of the units
of local and regional self-governments to the persons belonging to national
minorities. According to the Constitutional Law, the persons belonging to
national minorities shall, under the same conditions, be given a priority over
the others in employment within those bodies. However, “No efforts have been undertaken by the Government to implement the CLNM
guarantees of minority representation in the state administration and
judiciary, despite significant under-representation in these spheres”[175].
“Some Government officials have expressed
reluctance towards this part of the CLNM, suggesting that it is “too soon” for
implementation that might result in a backlash”[176].
Since there was a reorganisation of the ministries and other government bodies
after the formation of the new Government, a central register of all civil
servants and officials has not yet been compiled, and therefore it is not
possible to provide data on the share of national minorities in state
administrative bodies.[177] Government information as of 31 October 2003
indicates that 95 per cent of all judicial personnel are Croats, while 2.5 per
cent are Serbs (compared with 4.5 per cent of the total population) and 2.6 per
cent (compared to 2.9 per cent of the total population) are other national
minorities.[178]
In
county Courts and County state attorney’s offices, Serbs are represented with
3,8% and other minorities with 4,4% and 2,3%. “Serbs are significantly
under-represented at the municipal court and particularly municipal state
attorneys offices. There continue to be no Serb or other minority judges on the
Administrative Court, no Serb and only two other minority judges on the Supreme
Commercial Court and regional commercial courts (160 judges total), whereas
there is one Serb and two other minority members on the Supreme Court.”[179]
For
the ethnic structure of those employed in judiciary or with the state
attorney’s offices in 2003 and obstructions in employment of minorities within
those structures, see under Item IV.II. Comments on the implementation of the
Article 4 of the FCNM. The insufficient representation of the persons belonging
to minorities within the administration and executive power exists also at the
levels of the units of local and regional self-government. Mrs. Nives Kopajtić – Škrlec, Head of the
Office for Establishment of Local and Regional Central State Administrative
Office, said: ” … we are aware that certain administrative units are under
staffed, but, in most parts of Croatia, that is not the case. They have more
than enough employees so the Constitutional Law and the right to the minority
representation will be possible only in the future in the way regulated by the
Constitutional Law. This means that the ethnicity of the employees will be
taken into consideration only in future vacancies.”[180]
There is no detailed and complete data on the representation of persons
belonging to national minorities within the administration or the executive.[181]
Letter of Intent of Croatian government to the UN Security Council on
competition of the peaceful reintegration from 1997, in its paragraph 4,
guarantees to the Serb ethnic community under the transitional administration
that their representatives shall be appointed deputy prefects in the areas of
two counties, Vukovar-Sirmium and Osijek-Baranja counties and the Government respects
that. Number of appointed assistant ministers, representatives of the Serbian
community, was raised from four to eight in the beginning of 2004 as guaranteed
by the Letter of Intent in its paragraph 7.
-
The Constitutional Law, related to the participation of persons belonging to
national minorities in public life and local affairs management, enables
establishment of councils and/or national minorities’ representatives in the
units of local and regional self-government inhabited by persons belonging to
minorities in the number specified by the Law. In order to ensure minority
participation in public life at national level the Law also enables
establishment of the Council for National Minorities at national level. Such
national Council for National Minorities was established in 2003. Councils,
representatives and the Council for National Minorities are in most cases only
playing the advisory roles in order to contribute to progress, preservation and
protection of the position of persons belonging to national minorities. The
Council for National Minorities decides on distribution of the state budget
resources ensured for the needs of national minorities. According to the 2001
census, national minorities were entitled to elect 417 different minority councils
in 263 municipalities and 18 counties, and 141 representative in additional 40
municipalities in 21 counties. In May 2003, the elections for councils and
representatives of national minorities were held. 220 councils and 42
representatives were elected on those elections. Minorities were given minimum
of time in compliance with the law to prepare for the elections. The voter
turnout was only 13%. Since the Constitutional Law on the Rights of National
Minorities has introduced many new regulations that are of the interest for
national minorities such as the elections and establishment of the councils for
national minorities, there is an impression that the governmental institutions
did not do much in promoting the law or interpreting its provisions. During
preparations and the elections, many problems related to the lack of informing
and education of minority communities were noticed. Less than one half of the
potential number of candidates was nominated.
This imposes the conclusion that the lack of informing and education was
not only the characteristic of the voters but also some of the candidates and
that low response by the voters can, partially, be the explained as the lack of
interest in these elections. Certain minorities complained because lists of
voters were not updated and records of the ethnicity of the citizens were
inaccurate. As of late
November 2003, 209 councils had been constituted; of
those, 115 had completed the registration process with the Ministry of Justice
necessary to operate as a legal entity.[182] Since the May elections
did not result in election of all councils and representatives of national
minorities, Repeated and by-elections were held on February 15, 2004. Only
36,22% of the possibility to nominate the candidates was used and the voters
responded badly.[183]
Parliamentary Committee for Human Rights and the Rights of National Minorities,
during one of its sessions, criticising the way the elections for the councils
and representatives of national minorities were held, concluded that it was
necessary to submit the request for a new election law on the councils for
national minorities since there was no such law yet.[184]
There are opinions that the Constitutional Law is over-standardised and that it
creates the system parallel to already existing organisations of national
minorities but also that the councils and the representatives can play their
own role in local levels with no minority organisations or where such
organisations have no tradition.[185]
Some believe that there was a failure in complete creation of the minority
self-government since the minority councils were not established at national
(state) level.[186]
In certain local areas, in accordance with the law, local co-ordinations of the
councils of national minorities were established.
-
Since the Councils and representatives of national minorities present new
institutes of minority communities in the Republic of Croatia and that these
institutes were established and registered less than one year ago, we believe
that it is still early to make conclusions on their work and results they have
achieved. In some regions, certain
minorities complained against the short deadlines, e.g. fast procedures of
forming and establishing the councils for national minorities as well as
against non-preparedness and lack of education of members of certain councils.[187]
Work of the Councils and representatives of national minorities will be
impossible to evaluate since it will depend also on their personal capacities,
work and relations between local and regional Self-governments, etc. Governmental Office for National Minorities
and Council for Ethnic and National Minorities. Made significant step forward
in the field of educating council members and national minorities’
representatives by organising seminars all over Croatia.
-
For more details on efficient participation of persons belonging to national
minorities in economic life and public affairs see under Items III.d. and IV.II
IV.XIV
Article 16
The Parties shall refrain from measures which alter the proportions of
the population in areas inhabited by persons belonging to national minorities
and are aimed at restricting the rights and freedoms flowing from the
principles enshrined in the present framework Convention.
National legislation (pursuant to the Article 16 of the FCNM):
Constitutional Law on the Rights of National Minorities:
Article 4 paragraph 5
The undertaking of measures which change the proportion among the
population in the areas inhabited by persons who belong to national minorities
and which are directed at hindering the exercise or restricting the rights and
freedoms stipulated by this Constitutional Law and special laws, shall be
forbidden.
Comments on the implementation of the
Article 16 of the FCNM:
-
The 2001 census showed significant changes in the ethnic
structure of the population in the area traditionally inhabited by persons
belonging to national minorities, especially by Serbs living in former Republic
of Serb Krajina (areas of special state concern. Compared to the former period,
the situation has changed up to certain level concerning increase in minority
returns (see under Item III.a. paragraph 7). However, many refugees and
displaced persons continue to face different problems and obstructions related
to possible return to pre-war places of residence (see under Item III.d) which
directly affects the proportion of minority population in certain areas.
Planned settling but also housing of ethnic Croats exiled from Bosnia and
Herzegovina and Serbia and Montenegro (Vojvodina and Kosovo) in areas formerly
inhabited by expelled or exiled ethnic Serbs caused permanent changes in the
ethnic structure in particular areas of the Republic of Croatia.[188]
The Book of Rules on Priorities in Housing in the Areas of Special State
Concern places to the first place persons accommodated in expellee and other
means of organised housing (mostly ethnic Croats exiled from Bosnia and
Herzegovina and Serbia and Montenegro). On second place are the persons that
are returning to their earlier places of residence or are settling in the areas
of special state concern. This Law gives priority to former tenancy rights
holders, apartment users whose tenancy rights were terminated and are using the
apartments in accordance with the provisions of the Law on Lease of the
Apartments in Liberated Areas (Mostly ethnic Serbs).[189]
Such priority order could, additionally, firm or change the ethnic structure of
the population in the areas of special state concern at the expense of minority
communities related to the exercise of the rights specified by the
Constitutional Law since the scope of certain rights guaranteed by this law
depends on the number and proportional representation of persons belonging to
national minorities in the population of particular areas. Since the problem of
the change in proportion in the ethnic structure of the population spreads
beyond the areas of special state concern, same problems are referred to those
areas. Constitutional Law gives the possibility to regulate certain rights by
international agreements or through the statues of local and regional
self-governments regardless of proportional representation of the persons
belonging to minorities within the population in total in particular area.
However, possible regulation of the rights by the statute of local and regional
self-government depends on political will of local authorities (for example,
the right to equal official use of minority language and script of persons
belonging to minorities – Articles 12 and 13 of the Constitutional Law on the
Rights of National Minorities).
-
The statement by Mr. D. V. from Knin signed on July 7, 2004
in premises of the association “Hocu Kuci (I want to go home)” shows what kind
of pressures are facing persons belonging to Serb ethnicity in order to make
them sell their properties and leave the areas in the Republic of Croatia of
their permanent residence.– ''”Statement… by which I claim that I was forced in
the below described ways to sell my private house that I could not repossess
until I returned to the Republic of Croatia in 1997. One year after I submitted
a request to return, I was convinced that the RoC was not willing to let me
repossess my property. Therefore, I offered my house to the APN – State Real
Estate Agency. The price I was offered was (25.000 DM) for the 260m2 house. I gave up on selling my house
and continued to fight for its restitution. After the HDZ came in power on
January 01, 2004, and new Government of the RoC promised to give back all
illegally possessed properties by June 30, 2004 and all other properties by
December 30, 2004, the situation related to buying of private properties
started to change. Since I have been
waiting for my properties for 7 years, I was ready to sell it as I realised
that the Government had o intention whatsoever to let me repossess my
properties. They only raised prices in order to pay me off and make me leave
the country in that way. The only reason for this is my ethnic background as I
am an ethnic Serb. This feeling of mine was confirmed by the information I got
in State Real Estate Agency. I was told: “ Mister, you can get 65,000 Euro and
be paid right away in Samobor. There is an organised transport to Samobor and
further, to Serbia and Montenegro. This is the highest price you will ever be
offered and you will be unable to sell your house ever again unless you accept
this price right now. The city of Knin will be dead for the next 10 years and
your son will never come back to live here. “ The APN agent Ljilja told me all
this and I only answered that I was not satisfied with the price. She called me
5 times and repeated all this to me the very next day. Her last call on that
day ended with: “What? You still did not go to collect the money?” I asked her
how many houses they sold in the last month and she said “a lot…”.
IV.XV
Article 17
1. The Parties undertake not to interfere with the right of persons
belonging to national minorities to establish and maintain free and peaceful
contacts across frontiers with persons lawfully staying in other States, in
particular those with whom they share an ethnic, cultural, linguistic or
religious identity, or a common cultural heritage.
2. The Parties undertake not to interfere with the right of persons
belonging to national minorities to participate in the activities of
non-governmental organisations, both at the national and international levels.
National legislation (pursuant to the Article 17 of the FCNM):
Constitutional Law on the Rights of National Minorities:
Article 16 (see under IV.III National legislation )
Comments on the implementation of the
Article 17 of the FCNM:
-
The Agreement between the Government of the Republic of Croatia and the Council
of Ministers of Bosnia and Herzegovina on mutual, permanent, cancellation of the
visa regime signed on December 5, 2003 (Instruction on Publication of the
Agreement was brought on March 03, 2004) enabled the citizens of both countries
in entering, exiting and moving over the other country’s territory with
national ID cards for 90 days within 6 months. The citizens of Serbia and
Montenegro, temporarily, till the end of 2004, do not require visas to enter
the Republic of Croatia for the tourist visits up to 90 days. The Republic of
Croatia did not interfere or limit the rights of persons belonging to national
minorities to establish or maintain cross-border contacts.
-
The Republic of Croatia did not interfere or limit the rights of the persons
belonging to national minorities to participate in non-governmental
organisations’ activities at national or international levels.
IV.XVI
Article 18
1. The Parties shall endeavour to conclude, where necessary, bilateral
and multilateral agreements with other States, in particular neighbouring
States, in order to ensure the protection of persons belonging to the national
minorities concerned.
2. Where relevant, the Parties shall take measures to encourage
transfrontier co-operation.
National legislation (pursuant to the Article 18 of the FCNM):
Constitutional Law on the Rights of National Minorities:
Article 6.
(1) The Republic of Croatia may conclude international agreements with
other countries whereby it shall regulate the issues of the rights and freedoms
of members of national minorities in the Republic of Croatia.
(2) On the occasion of concluding international agreements as per
Paragraph 1 of this Article, the Republic of Croatia shall advocate the
standpoint that they should create and promote conditions necessary for the
preservation and development of culture of members of national minorities, and
preservation of significant components of their identity, that is, their
religion, language, tradition and cultural heritage.
COMMENTS on the implementation of the Article 18 of the FCNM:
- The
Republic of Croatia signed and ratified bilateral agreement with Hungary on
protection of the Hungarian national minority in the Republic of Croatia and
Croatian national minority in Hungary. The agreement on the rights of
minorities between Italy and the Republic of Croatia was signed in 1996. The Agreement
on Normalization of the Relations Between The Republic of Croatia and Federal
Republic of Yugoslavia (now the State Union of Serbia and Montenegro) was
signed in 1996. The Article 8 of the Agreement says:
''
The Serbs and Montenegrins in the Republic of Croatia and Croats in the Federal
Republic of Yugoslavia shall be guaranteed all the rights they are entitled to
in accordance with the international law''.
The
negotiations on the draft on bilateral agreement on protection of Croatian
minority in Serbia and Montenegro and Serbian and Montenegrin minority in the
Republic of Croatia are in process.
-
The Republic of Croatia is a member of several regional initiatives such as the
Stability Pact, Adriatic and Ion Initiative, “Kvadrilaterala” (between Italy,
Slovenia, Hungary and Croatia), Middle European Initiative (SEI), Southeast
Europe Co-operation Initiative (SECI), Alps and Adriatic Initiative, Danube
Commission, and is an observer in Southeast Europe Co-operation Process
(SEECP). The above-mentioned regional, but also bilateral initiatives are of a
great significance in the fields of political, economic, cultural and other
regional interstate co-operation. Therefore, those initiatives directly and
indirectly influence the situation of minority communities. The Republic of
Croatia intensified its co-operation with Serbia and Montenegro and Bosnia and
Herzegovina referred to relevant refugee information exchange.
-
The Agreement on Secession is and important regional document, which generally
regulates distribution of the rights, obligations, resources and debts of
former, Socialist Federal Republic of Yugoslavia (SFRY) among its successor
states. The Republic of Croatia ratified the agreement in March 2004, later
than all other successor states (Slovenia, B&H, Serbia and Montenegro and
Former Yugoslav Republic of Macedonia). Although the Agreement primarily
regulates relations between successor states, in its Annex G, it also regulates
private property and acquired rights issues which is of a great significance to
refugees and displaced persons, especially persons belonging to Serbian
Minority considering the fact that the Republic of Croatia, more than any other
state in the region, obstructs the recognition and exercise of above-mentioned
rights (see under Item d) Respect for
general (Human) rights of persons belonging to minorities and the rule of law).
Article 2, paragraph 1 of the Agreement says: “The rights to movable and immovable property located in a successor State
and to which citizens or other legal persons of the SFRY were entitled on 31
December 1990 shall be recognised, and protected and restored by that State in
accordance with established standards and norms of international law and
irrespective of the nationality, citizenship, residence or domicile of those
persons. This shall include persons who, after 31 December 1990, acquired the
citizenship of or established domicile or residence in a State other than a
successor
State. Persons unable to realise such rights shall be
entitled to compensation in accordance with civil and international legal
norms.“[190]
Article 6 of the Annex G refers to on important tenancy rights issues and says:
'' Domestic legislation of each successor
State concerning dwelling (tenancy) rights shall be applied equally to persons
who were citizens of the SFRY and who had such rights, without discrimination
on any ground such as sex, race, colour, language, religion, political or other
opinion, national or social origin, association with a national minority,
property, birth or other status.“[191] The Succession Agreement came into force on
June 03, 2004.
5. Conclusions and recommendations
Situation, perspectives and degree
of respect of human and minority rights of persons belonging to national
minorities are, even today, more or less determined by the 1991-1995 war
consequences and the situation that was the result of international recognition
of the Republic of Croatia in 1992. The Republic of Croatia, undoubtedly, made
certain steps forward in strengthening formal and legal protection of persons
belonging to national minorities, respect of minority rights and elimination of
discrimination. However, there were many failures in their implementation.
Respect of (human) rights of persons belonging to certain national minorities,
especially exiled and displaced Serbs and Roma continues to be problematic and
conditioned by war inheritance and long-term discriminatory policy. By adoption
of the Constitutional Law on the Rights of National Minorities at the end of
2002, as well as adoption of several other relevant laws, Croatia adopted
provisions but also spirit of the Framework Convention into its national
legislation. The latest moves by the Government and statements by certain
officials raise expectations in elimination of nationalistic policies and
extremism and the end of discriminatory practices aimed towards certain
minorities, Serbs and Roma, in particular. Past experiences indicate the need
for certain caution and permanent monitoring of the implementation of relevant
international and national human and minority rights protection standards.
However, the experiences show that the Republic of Croatia, aiming to firm its
international reputation and position, approached and accepted obligations to
respect all important international agreements in a declaratory manner and, at
the same time, took forever with the implementation of those documents since
they were not implemented at all or only quasi-solutions were created at the
national level which directly affected the situation of minority communities.
Serious consequences of mass and
brutal violations of human rights of persons belonging to certain
minorities, especially exiled and displaced Serbs and Roma continue to be an
important problem. Scope of the implementation of the provisions of the
Framework Convention and other international documents regulating the rights of
persons belonging to minorities depends, at first, on respect and
implementation of the standards of general human rights. Adoption of quality
legal solutions is not necessarily bringing positive changes in practice. Human
and minority rights situation, therefore, demands systematic and not cosmetic
changes. All national as well as international subject engaged in those issues
should be aware of the above. Wide spectrum solutions of refugee and displaced
persons’ problems, elimination of past discriminatory practices, establishment
of the rule of law and functional administration and judiciary, establishment
of individual responsibility system, objective and impartial approach in
processing of the war crimes and establishment of facts related to 1991 –1995
war and implementation and respect of human and minority rights standards and
recognition of acquired rights of persons belonging to minorities should be the
Government’s priorities but also the priorities of the international subjects.
The progress in normalisation of interethnic relations and long-term stability
of the Republic of Croatia and wider region depend on solving of those
problems.
The Republic of Croatia, in the
beginning of this year was provided with positive opinion of the European
Commission on its economic and political resources related to its application
for the EU membership and in mid June got an official candidate status. Further
democratisation of Croatian society and dynamics of approaching the European
Union depend on real intention of the Government to comply with all relevant
political and economic criteria and presumptions, respecting international
human and minority rights standards. The Government of the Republic of Croatia
deserves full support of all social structures in its way of reforming and
approaching the European Union. But, for the objectively weak political and
economic influence of minority communities in the Republic of Croatia, the
international community, the European Commission and the EU in particular,
continue to be the main corrective of the Government’s work. The international
community should not only be lead by the rhetoric speech changes, adjustment of
the legislation and the Government’s promises when establishing the level of
respect of human and minority rights in the Republic of Croatia. They should be
principled in requesting full implementation of international obligations of
the Republic of Croatia and standards it promotes since the future of national
minorities in the Republic of Croatia will depend on it a lot.
In order to be better introduced to
the implementation of the provisions of the Framework Convention and the
respect of the rights of national minorities, we would like to suggest that the
Advisory Committee of the FCNM, while visiting Croatia, arranges visits to
different regions in Croatia, former conflict areas in particular, since the
situation of different national minorities and relevant problems, very much,
depend on the geographical area and local community they live in.
In
order to ensure full and effective implementation of the provisions of the
Framework Convention for the Protection of National Minorities, the Republic of
Croatia, as its priorities, should:
[1] “A national minority in the sense of this
Constitutional Law shall be a group of Croatian citizens, whose members have
been traditionally settled in the territory of the Republic of Croatia, and who
have ethnic, linguistic, cultural and/or religious characteristics which are
different than those of other citizens and who are guided by the wish for the
preservation of those characteristics.”, (Article 5), Official Gazette no.
155/2002.
[2] Data by the State Institute of Statistics
– www.dzs.hr
[3] Data relating to minority communities with
more than 1.000 registered persons belonging to a particular community
[4] Office for Displaced Persons and Refugees
(Expellees, Returnees and Refugees) – Report on Return of Displaced Persons in
the Republic of Croatia from 2000 to September 2003, www.vlada.hr
[5] It is impossible to precisely determine
the number of refuge and displaced Serbs for the period 1991 – 1995.
Estimations vary from 300.000 and 350.000. Human Rights Watch Report estimates
the same in, for example, their report: Broken Promises – Obstacles to the
Return of Refugees to the Republic of Croatia, September 2003, page 3
[6] OSCE Mission to the Republic of Croatia –
Status Report no. 13, December 2003, page 22, Notes 3
[7] OSCE Mission to the Republic of Croatia –
Status Report no. 13, December 2003, page 4
[8] Human Rights Watch: Croatia – Progress
Needed on Refugee Return, 14 May 2004, www.hrw.org/croatian/docs/…
[9] See: www.osce.org/news_in_brief/archive
/040602
[10] Institute for War and Peace Reporting, 14.
June 2002
[11] Identitet, no. 72, March 2004, page 8.
[12] See State Report of the Republic of
Croatia on Implementation of Framework Convention for Protection of National
Minorities, March 2004, page 45
[13] See State Report of the Republic of
Croatia on Implementation of Framework Convention for Protection of National
Minorities, March 2004, page 60
[14] Identitet, no. 72., March 2004, page 9.
[15] Minority Rights Group International:
Minorities in Croatia, September 2003, page12.
[16] World Press Review, Croatia: New Math (
VOL.49.No.8 ), August 2002, (data from
Novi List), www.worldpress.org/Europe/641
[17]World Press Review, Croatia: New Math (
VOL.49.No.8 ), 7 June 2002, (data from
Novi List), www.worldpress.org/Europe/641
[18] International Criminal Tribunal for Former
Yugoslavia, Prosecutor verses Ivan Čermak and Mladen Markač, Case no.
IT-03-73-I, www.un.org/icty
[19] International Crisis Group - A
Half-Hearted Welcome: Refugee Return to Croatia, Balkans Report
N°138, 13 December 2002, executive summary and recommendations
[20] Identitet, no. 71, February 2004, page 12
[21] International Crisis Group - A
Half-Hearted Welcome: Refugee Return to Croatia, Balkans Report
N°138, 13 December 2002, executive summary and recommendations
[22] Conclusion ‘’ Croatia is a functioning democracy, with stable institutions
guaranteeing the rule of law. There are no major problems regarding the respect
of fundamental rights. In April 2004, the ICTY Prosecutor stated that Croatia
is now co-operating fully with ICTY. Croatia needs to maintain full
co-operation and take all necessary steps to ensure that the remaining indictee
is located and transferred to ICTY. Croatia needs to make additional efforts in
the field of minority rights, refugee returns, judiciary reform, regional
co-operation and the
fight against corruption. On this basis, the Commission confirms that
Croatia meets the political criteria set by the Copenhagen European Council in
1993 and the Stabilisation and Association Process conditionalities established
by the Council in 1997.’’ –
Data from the Opinion on the application of
Croatia for membership of the European Union, April 20, 2004, www.vlada.hr
[23] OSCE Mission to Croatia, Background
report: The new HDZ-led government pursuing a policy of ethnic reconciliation
which will impact on the Mission’s work, 20 January 2004
[24] European Commission – Stabilisation and
Association Report 2003, page10
[25] OSCE Mission to the Republic of Croatia –
Status Report no. 13, December 2003, page 10
[26] Three OSCE Missions (Croatia, B&H and
S&M) adopted the “Common Principles of the Return” , which was presented to
the OSCE Permanent Council in October 2001
[27] International Crisis Group - A Half-Hearted Welcome: Refugee Return to Croatia,
Balkans Report N°138, 13 December 2002, executive summary and recommendations
[28] The Government of the Republic of Croatia
– National Roma Strategy, Introduction
[29] “There
are no major problems over assuring the rule of law and respect for fundamental
rights.
However, Croatia needs to take measures to ensure that the rights of
minorities, in particular of the Serb minority, are fully respected. Croatia
should speed up the implementation of the Constitutional Law on National
Minorities and accelerate efforts to facilitate the return of Serb refugees
from Serbia and Bosnia and Herzegovina.” - Data from the Opinion
on the application of Croatia for membership of the European Union, April 20,
2004, www.vlada.hr
[30] Human Rights Watch: New government must
address refugee return and war crimes, 9 January 2004, www.reliefweb.int
[31] Written Comments of the European Roma
Rights Center Concerning the Republic of Croatia - For Consideration by the
United Nations Committee on the Elimination of Racial Discrimination at its 60th
Session, March 4-5, 2002, www.errc.org/publications/indices/croatia
[32] Country Report on Human Rights Practicies
-US Bureau of Democracy, Human Rights and Labour, The Report on Human Rights in
Croatia in 2003, February 2004 page 1
[33] Ministry of Justice, Administration and
local Self-government, Statistical review for 2002, April 2003
[34] EC Stabilisation and Association Report
2003
[35] OSCE Mission to Croatia, report – War Crimes
Trials Before Domestic Courts in 2002, February 2004, page 1
[36] Data from the Opinion on the beginning of negotiations with the Republic of Croatia on
application of Croatia for membership of the European Union, April 20, 2004,
page 27, www.vlada.hr
[37] For details see International Helsinki
Federation Report on 2002, www.ihf-hr.org/reports
[38] Data from Jutarnji List, 26 September
2000, page 7
[39] Source: UN Guide for Minorities, Pamphlet No.12. Protection of refugees who belong to minorities: The UN High Commissioner for Refugees, page 2. Resolution relates to persons belonging to ethnic, religious and linguistic minorities; and the Commission, in its preamble, fears for '' the growing frequency and severity of disputes and conflicts regarding minorities in many countries and their often tragic consequences, and that persons belonging to minorities are particulary vulnerable to displacement through, inter alia, population transfers, refugee flows and forced relocation...''
[40] UNHCR Statistical Summary, 31 march 2004
[41] For the report see www.hrw.org
This report is a detailed review of problems, examples and recommendations for
Croatian Government and the international community aimed to find final
solutions for refugee problems. For brief review and additional source of
information see: International Crisis Group - A
Half-Hearted Welcome: Refugee Return to Croatia, Balkans Report N°138, 13 December 2002
[42] Human Rights Watch: Croatia Fails Serb
Refugees – Ethnic Discrimination Slows Refugee Return, 3 September 2003
[43] Data from the Opinion on the beginning of negotiations with the Republic of Croatia on
application of Croatia for membership of the European Union, April 20, 2004,
page 26 and 29, www.vlada.hr
[44] Human Rights Watch: Croatia – Progress
Needed on Refugee Return, 14 May 2004, www.hrw.org/croatian/docs/…
[45] International Crisis Group - A
Half-Hearted Welcome: Refugee Return to Croatia, Balkans Report
N°138, 13 December 2002, pages 2 and 3 (Data from Večernji List, 7 December
2002)
[46] Joint press release by four local NGOs
(Center for Peace, Legal Advice and Psychosocial Assistance, Vukovar; Human
Rights Committee, Karlovac; HOMO, Pula and Altruist, Split) the organisers of
the round table discussion: Return of
refugees to the Republic of Croatia – precondition for the membership of
European Union, held in Zagreb on April 26, 2003 in the occasion of the
World Day of Refugees
[47] Source HINA, May 14, 2004, www.vlada.hr
[48] OSCE Status Report no. 13
[49] “ The Government of the Republic of
Croatia brought measures to speed up property repossession and established the
Committee for the Return of Expellees and Refugees and Property Repossession” –
Data from the press release by the Ministry of Sea, Tourism, Traffic and
Development in the occasion of the first 100 days of the Ministry, April 2004,
www.mmtpr.hr
[50] Examples provided by associations Civil
Rights Project, Sisak and Homo Pula, Korenica Office - K.LJ. Gvozd, D. M.
Hrvatska Kostajnica; Association Zvonimir, Knin – case M.C. Knin
[51] Identitet no.72, March 2004, page 41
[52] Examples: M.M; R.Š; N.P., T.N. – Vojnić, V.D. – Karlovac, D. P. Živaja, G.J.; M.S., S. V. Sunja, G.M. , K.B.Hrvatska Kostajnica, K.S., M.D. Petrinja; S.S. D. Kukuruzari; D.P. Hrvatska Dubica, B. M. Š.M., M. D.. Glina; K. Lj. Gvozd.
[53] T.V. –Petrinja, and the area of the city
of Hrvatska Kostajnica, B.M., Š.M. Glina
[54] OSCE Status Report no. 13, page 6
[55] OSCE Status Report no. 13, page 5
[56]International Crisis Group - Balkans Report N°138, 13 December 2002, page 9
[57] Source: the ICG Report, published in Jutarnji list, November 21, 2001
[58] Human Rights Watch: Broken Promises – Obstacles to Return of Refugees to the Republic of Croatia, September 2003, page 36 (press release for the Radio Slobodna Europa – Radio Liberty, March 10, 2002)
[59] OSCE Status Report no. 13 page 6
[60] Amendments (2000 and 2002) to the Law on the Areas of Special State Concern from 1996
[61] Conclusion of the Government of the Republic of Croatia on Housing of Returnees to Croatia – Former Tenancy Rights Holders dated June 12, 2003
[62] On the occasion of the Conclusion of the
Government of the RoC on housing of returnees to Croatia – former tenancy
rights holders, in his written analyses, Mr. Ratko Bubalo, the president of the
Humanitarian Centre for Integration and Tolerance in Novi Sad (S&M) wrote
as follows: “ Croatian citizens in
relation to the same issue (housing) have different legal position based on
their ethnicity – one have the right to housing and other were given legally
non-binding promise to be humanitarianly assisted in housing. The law ensures
the right to housing for one group and the sub-legal act declares humanitarian
support in housing to others. Is there discrimination within the legal system
of the Republic of Croatia on the basis of ethnicity?
Exercise and
protection of human rights of exiled Serbs can not be conditioned, limited on
reduced to a humanitarian problem not even by the fact of former or current
ownership over a family house or an apartment.
Conclusion of the Government of the RoC on housing of returnees to Croatia is a part of special parallel pseudo-legal order in Croatia aimed towards one part of its population – Croatian citizens of Serbian ethnicity. Implementation plan for housing of returnees is a non-legal document that elaborates conditions and procedures of humanitarian aid in housing of returnees by non-legal remedies.”
[63] Data by Pravi Odgovor no.76, April 27, 2004, page 26
[64] Country Report on Human Rights Practicies -US Bureau of Democracy, Human Rights and Labour, The Report on Human Rights in Croatia in 2003, February 2004
[65] Information by Association ”Hoću kući (I want to go home)” from Knin and Dalmatian Solidarity Committee Split, Knin Office, Association ‘’Hoću kući” registers about 2.000 of such examples
[66] Centre for Peace, Legal Advice and Psychosocial Assistance in Vukovar followed some of these cases and informed the OSCE and UNHCR about their findings
[67]Centre for Peace, Legal Advice and Psychosocial Assistance in Vukovar monitors and reports on these problems, and since 1999, sent several complaints for the lack of transparency and manipulations in re-registration procedures and procedures of cancellation of the status
[68] OSCE, Status Report no.11, November 2002
[69] OSCE, Status Report no.13, December 2003, page 2
[70] The Government of the Republic of Croatia: Report on the Return of Expellees and Refugees Since 2002 to the end of September 2003, www.vlada.hr
[71] Article 180 paragraph 1 of the Law on Obligations “Social and political community whose bodies were in charge of preventing such damages shall be held responsible for any damage caused by death, physical injury or damage and destruction of the property belonging to a physical person, made in the act of violence or terror and during public protests and events.”
[72] European Court for Human Rights, case Kutić verses Croatia, application no. 48779/99, verdict from March 1, 2002
[73] Identitet, no. 72, March 2004, page 11
[74] See: Conclusions and recommendations of Committee against torture - CAT/C/CR/32/2 , May 12, 2004 (Unedited version ), www.ohchr.org/tbru/cat/Croatia
[75] IBID
[76] Identitet, no. 72, March 2004, page 11
[77] “In former “Republic of Serb Krajina” that was under the United Nations protection, different judicial and administrative bodies and legal entities with public authorisation were passing different legal acts and decisions. Since this area was outside the legal system of the Republic of Croatia, mentioned legal acts and decisions had no legal validity. For that reason it was necessary to convert those acts and decisions into legally valid so their legal consequences could be recognised. The area of Convalidation includes former “Republic of Serb Krajina” area. Reasons of legal practicality, humanity and protection of fundamental rights of the citizens emphasised on the implementation of the Convalidation” – booklet Convalidation, Centre for Peace, Legal Advice and Psychosocial Assistance Vukovar, 1998, page3
[78] Instruction by the Ministry of Labour and Social Welfare, June 30, 1998
[79] Analyses Impacts of the Law on Convalidation on Social Insurance by Milorad Nenadović, Legal Advisor of “Baranja” – Association for Peace and Human Rights, Bilje, April 2003
[80] Human Rights Watch: Broken Promises – Impediments to Refugee Return to Croatia, September 2003, page 57; Social Security, Social and Health Protection of Refugees and Expellees in the Republic of Croatia “Baranja” – Association for Peace and Human Rights (Bilje), July 2001
[81] Letter of Intent by Government of the Republic of Croatia to the UN Security Council on completion of peaceful re-integration of territory under transitional administration, the UNTAES territory, paragraph 11
[82] For example, civilian war victims who got injured during the conflict in the territory that was not controlled by Croatian forces at the time, were asked to provide injury records issued by “Croatian” regular police and medical documents by doctors of “Croatian” institutions as evidences necessary to exercise this right.
[83] OSCE, Status report no.13, December 2003
page 16
[84] International Crisis Group - A
Half-Hearted Welcome: Refugee Return to Croatia, Balkans Report
N°138, 13 December 2002, page 11, data by Institute for War and Peace
Reporting, March 13, 2002
[85] Country Report on Human Rights Practicies
-US Bureau of Democracy, Human Rights and Labour, The Report on Human Rights in
Croatia in 2003, February
[86] Country Report on Human Rights Practicies -US Bureau of Democracy, Human Rights and Labour, The Report on Human Rights in Croatia in 2003, February 2004
[87] Identitet, broj 72., mart 2004., str.4
[88] European Roma Rights Centre, Snapshots from around the Europe: Fatal Shooting and Skinhead Attack against Roma in Croatia, No.3, 2003, www.errc.org/publications/indices/croatia
[89] Written Comments of the European Roma Rights Centre Concerning the Republic of Croatia - For Consideration by the United Nations Committee on the Elimination of Racial Discrimination at its 60th Session, March 4-5, 2002, www.errc.org/publications/indices/croatia
[90] Country Report on Human Rights Practices -US Bureau of Democracy, Human Rights and Labour, The Report on Human Rights in Croatia in 2003, February 2004
[91] Country Report on Human Rights Practicies
-US Bureau of Democracy, Human Rights and Labour, The Report on Human Rights in
Croatia in 2003, February 2004
[92] The Official Gazette “Narodne Novine” No. 64/2000, Law on Census, Registration of Households and Apartments, Article 2 paragraph 1 says that “persons, citizens of the Republic of Croatia, foreigners and persons of no citizenship who have permanent address in the Republic of Croatia, regardless if they were in the Republic of Croatia or abroad at the time of the census as well as the persons who temporarily resided in Croatia at that time” shall be registered by the census.
[93] Data by the War and Peace Reporting, June 14, 2002
[94] The Report of the Republic of Croatia on the Implementation of the Framework Convention on Protection of National Minorities, March 2004, page 57
[95] National Program for Roma
[96] The Report of the Republic of Croatia on the Implementation of the Framework Convention on Protection of National Minorities, March 2004, page 57
[97] Minority Rights Group International: Minorities in Croatia, September 2003, page 15
[98] Data by STINA News Agency, Educational and Informative Service for the Rights of Minorities and Interethnic Tolerance no. 2, May 17, 2004, www.stina .hr
[99] Progress on the National Program for the Roma in Croatia, Minority Rights Group International, March 2004
[100] Country Report on Human Rights Practicies
-US Bureau of Democracy, Human Rights and Labour, Report on Human Rights in
Croatia in 2003, February 2004
[101] Human Rights Watch: Broken Promises –
Impediments to Refugee Return to the Republic of Croatia, September 2003, page
53
[102] Human Rights Watch: Broken Promises – Impediments
to Refugee Return to the Republic of Croatia, September 2003, page 55
[103]Human Rights Watch: Broken Promises –
Impediments to Refugee Return to the Republic of Croatia, September 2003, page
55, data by Serbian Democratic Forum Field Office in Korenica
[104]Human Rights Watch: Broken Promises –
Impediments to Refugee Return to the Republic of Croatia, September 2003, page
55, data by Serbian Democratic Forum Field Office in Gracac
[105] OSCE, Status Report 12, July 2003, page 13
[106] Human Rights Watch: Broken Promises –
Impediments to Refugee Return to the Republic of Croatia, September 2003, page
54
[107] Country Report on Human Rights Practicies
-US Bureau of Democracy, Human Rights and Labour, Report on Human Rights in
Croatia in 2003, February 2004
[108] Letter of Intent by the Government of the
Republic of Croatia, paragraph 4, www.hrt.hr/arhiv/dokumenti/dok/pismo
[109] OSCE, Status Report no. 11, November 2003,
page 18
[110] Written statement by Mr. Ivica Vrkic, the Head of the Governmental Office for the
Transitional Administration of the Republic of Croatia, dated December 16, 1996
given in presence of the public attorney for human rights of the Republic of
Croatia, Mr. Ante Klaric and the UNTAES head transitional administrator, Mr.
Jacques Paul Klein, paragraph 1: “Governmental Office for the Transitional
Administration, on behalf of the Republic of Croatia claims that the rights of
public enterprises and institutions employees in the Eastern Slavonia, Baranja
and Western Sirmium for whom the UNTAES confirms that were employed on
September 30, 1996, will be protected in accordance with the legislation of the
Republic of Croatia and other relevant international standards, including
International Labour Union”. The details on the rights of employees of the
public enterprises and institutions in the UNTAES area guarantied by the
Republic of Croatia are specified in the Annex to the statement dated February
14, 1997
[111] Center for Peace, Legal Advice and
Psychosocial Assistance – Vukovar, The Report on Informal Discussion on the
Implementation of the Erdut Agreement
held on November 13, 2002
[112] The Report of the Republic of Croatia on
the Implementation of the Framework Convention on Protection of National
Minorities, March 2004, page 18
[113] Official Gazette “Narodne novine” no.
57/2004
[114]Data by STINA News Agency, Educational and
Informative Service for the Rights of Minorities and Interethnic Tolerance no.
2, May 17, 2004, www.stina .hr
[115] Identitet, no. 72, March 2004, page 17
[116] OSCE, Status Report no.12, July 2003
[117] OSCE, Status Report no.13, December 2003,
page19
[118] IBID, page 25, footnote br.37.
[119] Minority Rights Group International:
Minorities in Croatia, September 2003, page 29; CERD Conclusions on Croatia,
May 21, 2002
[120] IBID, referring the Report by
International Helsinki Federation for 2002, www.ihf-hr.org/reports
[121] IBID, referring the OSCE, Status Report
no.11, November 2003
[122] Identitet, no.71, February 2004, page 25
[123] IBID
[124] IBID
[125] Minority Rights Group International:
Minorities in Croatia, September 2003, page 29, referring the Report by
International Helsinki Federation for 2002, www.ihf-hr.org/reports
[126] Karlovački list July 3, 2004
[127] www.b92.net/news/…, June 23, 2004.god.
[128] Information by association Zvonimir, Knin
[129] IBID
[130] Information by association ALTRUIST, Split,
Knin Office
[131] Večernji list, October 30, 2002
[132] Jutarnji list, November 22, 2002
[133] Identitet, no. 72, March 2004, page 4
[134] For details see: Country Report on Human
Rights Practicies -US Bureau of Democracy, Human Rights and Labour, Report on
Human Rights in Croatia for 2003, February 2004
[135] Croatia, International Religious Freedom
Report 2003 - US Bureau of Democracy, Human Rights and Labour, 18.decembar
2003.god., www.state.gov
[136] The Report of the Republic of Croatia on
the Implementation of the Framework Convention on Protection of National
Minorities, March 2004, page 29
[137] Croatia, International Religious Freedom
Report 2003 - US Bureau of Democracy, Human Rights and Labour, December 18,
2003, www.state.gov
[138] Croatia, International Religious Freedom
Report 2003 - US Bureau of Democracy, Human Rights and Labour, December 18,
2003, www.state.gov
[139] Croatia, International Religious Freedom
Report 2003 - US Bureau of Democracy, Human Rights and Labour, December 18,
2003, www.state.gov
[140] Croatia, International Religious Freedom
Report 2003 - US Bureau of Democracy, Human Rights and Labour, December 18,
2003, www.state.gov
[141] STINA News Agency, Educational and
Informative Service for the Rights of Minorities and Interethnic Tolerance,
no.3, May 31, 2004, data from the article by the Chief Researcher, Mr. Sinisa
Tatlovic, www.stina.hr
[142] IBID
[143] Audio record from the radio project ETNOS,
Radio show no.8, October 24, 2003; The project was implemented by the Center
for Peace, Legal Advice and Psychosocial Assistance in Vukovar in co-operation
with 4 local radio stations from Vukovar-Sirmium, Osijek-Baranja and
Brodsko-Posavska counties in period September – November 2003. The OSCE
financed the implementation of the project.
[144] For details on printed media financing see:
the Decision of the Council for National Minorities on Distribution of
Resources ensured from the State Budget of the Republic of Croatia for 2004,
Official Gazette “Narodne novine” no.57 / 2004
[145] For example, the president of Hungarian
Minority Council of Osijek-Baranja county, Audio record from the radio project
ETNOS, Radio show no.8, October 24, 2003
[146] Radio Dunav - Vukovar, Radio Borovo -
Borovo, Radio Banska kosa - Beli Manastir
[147] STINA News Agency, Educational and
Informative Service for the Rights of Minorities and Interethnic Tolerance,
no.2, May 17, 2004
[148] See State Report of the Republic of
Croatia on Implementation of Framework Convention for Protection of National
Minorities, March 2004, page 28
[149] Data from the Memorandum by Joint Council
of Municipalities from Vukovar no.49/2004 – information sent on April 19
[150] Information by association Zvonimir from
Knin (broadcast on Radio Free Europeon July 10,2004). In accordance to the
information Center for Peace Studies from Zagreb and Delfin association from
Pakrac have collected, the reason for refusing requests for broadcasting
program in Serbian language was insufficient sensibility of the public in
hearing such music, information and topics
[151] See Minority Rights Group International:
Minorities in Croatia, September 2003, page 24
[152] Audio record from the Radio project ETNOS,
radio show no. 7, October 17, 2003
[153] Several provisions of the Constitutional
Law mention the term of “acquired” rights but it is not being interpreted in
details.
[154] Information by Civil Rights Project from
Sisak and HOMO Pula, Korenica
[155] The Report of the Republic of Croatia on
the Implementation of the Framework Convention on Protection of National
Minorities, March 2004, page 11
[156] Memorandum from the Ministry of Interior
no.511-01-72-6012/4-02, March 18, 2002
[157] Audio record from the radio project ETNOS,
Radio show no.7, October 17, 2003, interview with Mrs. Gordana Vucic,
Administrative Department of the Ministry of Interior of Vukovar-Sirmium County
and Ljubomir Radić, Assistant Minister of Interior belonging to the Serbian
national minority
[158] Audio record from the radio project ETNOS,
Radio show no.7, October 17, 2003, interview with Mrs. Gordana Vucic,
Administrative Department of the Ministry of Interior of Vukovar-Sirmium County
and Ljubomir Radić, Assistant Minister of Interior belonging to the Serbian
national minority
[159] UNTAES The Office of Transitional
Administrator, Presentation of signs of public institutions, enterprises and other
administrative bodies – Directive dated August 20, 1997
[160]STINA News Agency, Educational and
Informative Service for the Rights of Minorities and Interethnic Tolerance,
no.3, May 31, 2004
[161] Audio record of Radio project ETNOS, radio
show no.10, November 7, 2003
[162] Audio record of Radio project ETNOS, radio
show no.10, November 7, 2003, statement by Mr. Đuro Podunavac, the president of
Education Board of the Joint Council of Municipalities and Mr.
[163] Analyses of the Primary School Textbooks
in the Republic of Croatia – What Kind of Intolerance New Textbooks Contain or
What are the Values on Which We Up Bring and Educate New Generations,
Friedrich-Naumann Stiftung, Zagreb, 2002
[164] IBID pages 7 and 8
[165] Country Report on Human Rights Practicies
-US Bureau of Democracy, Human Rights and Labour, Report on Human Rights in
Croatia for 2003, February 2004
[166] OSCE, Status report no.11, November 2002,
page 11
[167] OSCE, Status report no.11, November 2002,
page 11
[168] Audio record of Radio project ETNOS, radio
show no.10, November 7, 2003
[169] Data by Novi List, February 7, 2002
[170] Information by association ALTRUIST,
Split, Knin office
[171] Information by Center for Peace Studies
from Zagreb and association Delfin from
Pakrac
[172] See Official Gazette “Narodne novine” no.
53/2004, Law on Election of the Representatives into the Croatian Parliament,
Article 16
[173] Macedonian and Albanian communities for
example, see: Report of the Republic of Croatia on the Implementation of the
Framework Convention on Protection of National Minorities, March 2004, pages
52, 53
[174] Article 4 Paragraph 2 of the
Constitutional Law on the Rights of National Minorities says: ”Members of national minorities shall
exercise the rights and freedoms stipulated by the Constitution of the Republic
of Croatia, as well as the rights and freedoms stipulated by this
Constitutional Law and special laws, in the equal manner as other citizens
of the Republic of Croatia.”
[175] OSCE, Status Report no.13, December 2003,
page 10
[176] OSCE, Status Report no.13, December 2003,
page 10
[177] The Report of the Republic of Croatia on
the Implementation of the Framework Convention on Protection of National
Minorities, March 2004, page 32
[178] OSCE, Status Report no.13, December 2003,
page 10, footnote 24
[179] OSCE, Status Report no.13, December 2003,
page 10, footnote 24
[180] STINA News Agency, Educational and
Informative Service for the Rights of Minorities and Interethnic Tolerance,
no.2, May 17, 2004
[181] STINA News Agency, Educational and
Informative Service for the Rights of Minorities and Interethnic Tolerance,
no.3, May 31, 2004, press release by Mrs. Nives Kopajtić – Škrlec, Head of the
Office for Establishment of Local and Field (Regional) Self-government of
Central State Office for Administration
[182] OSCE Status Report no.13, December 2003,
page 9
[183] See
www.izbori,hr/manjine/rezultati/predgovor
[184] Statement by Mr. Furija Radina, the
representative of Italian national minority and the president of the
Parliamentary Human Rights and the Rights of National Minorities Committee,
STINA News Agency, Educational and Informative Service for the Rights of
Minorities and Interethnic Tolerance, no.4, June 14, 2004
[185] Mrs. Zdenka Čunhil, the representative of
Czech and Slovak minorities in the Parliament of the Republic of Croatia, STINA
News Agency, Educational and Informative Service for the Rights of Minorities
and Interethnic Tolerance, no.3, May 31, 2004
[186] Mrs. Zdenka Čuhnil, the representative of
Czech and Slovak minorities in the Parliament of the Republic of Croatia, STINA
News Agency, Educational and Informative Service for the Rights of Minorities
and Interethnic Tolerance, no.3, May 31, 2004
[187] Information by Center for Peace Studies
from Zagreb and association Delfin from Pakrac provided by the representatives
of Czech (Mr. Vozab), Serbian (Mr. Ivanov) and Italian (Mr. Bruneta) councils
of national minorities from Parkac area and Italian representative (Mr. Menegin)
council form national minorities from Lipik area
[188] “The Tudjman government had brought ethnic
Croat population to the territories formerly inhabited by Serbs, and many of
those ethnic Croats now live in the former homes of Serb refugees and displaced
persons” - Human Rights Watch: Broken Promises – Impediments to Refugee Return
to Croatia, September 2003, page 12
[189] Official Gazette “Narodne novine”
no.116/2002. Book of Rules passed in accordance with the Law on Amendments on
the Law on Areas of Special State Concern (Official Gazette “Narodne novine”
88/2002)
[190] Official Gazette “Narodne Novine”,
International agreements 2/2004, www.nn.hr/sluzbeni-list/mugovori
[191] Official Gazette “Narodne Novine”,
International agreements 2/2004, www.nn.hr/sluzbeni-list/mugovori