IV        Implementation of the articles of the Convention

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):

The Constitution of the Republic of Croatia

Articles 40 & 41 (see under Item IV.III National legislation); Article 43 (see under Item IV.V National legislation)

Constitutional Law on the Rights of National Minorities

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”.[1] 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.[2]  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.” [3] 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.[4] 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.[5] 

- 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.[6] 

- For intolerance and attacs against religious buildings and officials, see under Item IV.IV.