Conclusions and recommendations

V 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. Related to the implementation of the Article 4 of the FCNM – ensure the respect of all internationally accepted obligations and take concrete and measurable steps in elimination of existing negative consequences of discriminatory policies against persons belonging to national minorities, and recognise and/or compensate acquired rights terminated on the basis of discrimination and human rights violations which primarily refers to the Serb and Roma. In the same sense, among the rest, it is necessary to ensure full implementation of the provisions of the Annex G of the Secession Agreement of the Former SFRY and to interpret them in a “good faith” (recognition and protection of private real estates and movable assets, and acquired and tenancy rights) and effective implementation of National Program for Roma..

2. Related to the implementation of the Articles 16 and 18 of the FCNM – create required political, security, legal and economic preconditions for the sustainable return of refugees and displaced persons to their homes, the urban areas in particular. To solve the refugee and displaced persons’ problems, it is necessary to intensify the cross-border co-operation with Bosnia and Herzegovina and Serbia and Montenegro at all levels.

3. Related to the implementation of the Article 15 of the FCNM – ensure proportional representation on persons belonging to minorities in the state administration and judicial bodies and eliminate discrimination in employment of those persons. It is necessary to constantly keep in mind possible changes in proportional representation of persons belonging to minorities within national population structure in certain areas considering the number of refugees and displaced persons returned and complaints against the 2001 census results. It is necessary to ensure and encourage creation of preconditions for effective functioning of the councils for national minorities at local and regional levels by fully implementing and respecting the provisions of the Constitutional Law on the Rights of National Minorities. .

4. Related to the implementation of the Article 6 of the FCNM – make additional efforts and start with the concrete activities aimed towards encouraging of interethnic co-operation and understanding at all levels. It is necessary to impartially, with the inclusion of all relevant society structures, research all aspects of drastic reductions in number of persons belonging to national minorities in 1991–2001 period. It is necessary to continue the co-operation with the International Criminal Tribunal for Former Yugoslavia (ICTY) and to ensure preconditions for processing all persons who committed war crimes regardless of their ethnicity and in impartial and transparent processes. It is necessary to call to account and efficiently punish persons responsible of ethnically or religiously motivated incidents, violence, animosities and discrimination and to eliminate those issues.

5. It is necessary to ensure effective and non-selective implementation of the Constitutional Law on the Rights of National Minorities and other relevant laws at all levels. It is necessary to provide an official interpretation of particular provisions and terms in the Constitutional Law such as the term “acquired rights” and to interpret those provisions and terms in good faith and spirit of international standards (FCNM) and customs considering particularities of minority communities and geographical areas.