IV        Implementation of the articles of the Convention

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):

 

The Constitution of the Republic of Croatia

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.

 

Constitutional Law on the Rights of National Minorities

Articles 19 – 36

 

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.[1] 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.[2] 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.[3]

 

- 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”[4]. “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”[5]. 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.[6] 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.[7]  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.”[8]

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.”[9] There is no detailed and complete data on the representation of persons belonging to national minorities within the administration or the executive.[10] 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.[11] 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.[12] 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.[13] 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.[14] 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.[15] 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.[16] 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

 


 


[1] See Official Gazette “Narodne novine” no. 53/2004, Law on Election of the Representatives into the Croatian Parliament, Article 16

[2] 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

[3] 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.”

[4] OSCE, Status Report no.13, December 2003, page 10

[5] OSCE, Status Report no.13, December 2003, page 10

[6] The Report of the Republic of Croatia on the Implementation of the Framework Convention on Protection of National Minorities, March 2004, page 32

[7] OSCE, Status Report no.13, December 2003, page 10, footnote 24

[8] OSCE, Status Report no.13, December 2003, page 10, footnote 24

[9] STINA News Agency, Educational and Informative Service for the Rights of Minorities and Interethnic Tolerance, no.2, May 17, 2004

[10] 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

[11] OSCE Status Report no.13, December 2003, page 9

[12] See www.izbori,hr/manjine/rezultati/predgovor

[13] 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

[14] 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

[15] 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

[16] 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