IV        Implementation of the articles of the Convention

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):

 The Constitution of the Republic of Croatia

Article 30. (see under Item IV.II National legislation)

 Constitutional Law on the Rights of National Minorities

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)

Penal Code ( NN.110/97)

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)

Article 3 paragraph 4

(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.[1] 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.[2] 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[3]... But, in two areas, Osijek and Zadar, reporting on political and ethnic issues  was, occasionally, provocative.[4]

- 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.[5] 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[6] and that the high level of discrimination and violence against Roma continues to be a serious problem in Croatia.[7] 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.”[8] 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.[9] 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?''[10] 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.[11] 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.”[12]

- 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.”[13] 

 

- 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.[14] 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.[15]

- 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 15^th 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.[16]

- 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.[17] In another poll, 75 per cent of respondents said that the government should not accelerate the return of Serbs.[18] 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.[19]