IV        Implementation of the articles of the Convention

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.“[1] 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.“[2]  The Succession Agreement came into force on June 03, 2004.