III       General remarks - 1999 – 2004

b) Political environment

9.         The political situation changed after the death of president Tudjman at the end of 1999, the defeat of ruling HDZ in parliamentary election held in January, and presidential elections held in February 2000. These events ended a decade of nationalistically oriented Croatian Democratic Community (HDZ), the party of the late president. “Pro-reform” government headed by the Prime Minister Racan (Social Democratic Party), of 6 opposition, democratically oriented parties won the elections. “A democrat” candidate, Mr. Stjepan Mesic becomes the new elected president. It was assessed that the elections were “peaceful and tidy” and “significant improvement” in meeting the OSCE standards. '' The government which came to power following the parliamentary and presidential elections in January and February 2000 inherited an unsatisfactory legacy of discriminatory laws and practices from its predecessor, to the detriment, in particular, of ethnic Serb displaced persons and refugees.''[1] General local elections held in May 2000 confirmed parliamentary elections’ results and brought certain changes to local political scene. HDZ managed to keep strong power in several counties and municipalities. Parliamentary elections, held on 23 November 2003, opened a way back for the HDZ. On 23 December 2003, Croatian Parliament accepted newly formed Government and appointed Mr. Ivo Sanader, the HDZ president, to be the Prime Minister. Several smaller parties as well a sa number of parliamentary representatives of national minorities supported forming of the new Government. This was necessary since for the election results the new government could not be formed independently because the HDZ had no majority of votes in the parliament.

10.       The Government of the Prime Minister Racan initiated and started several programs of political and economic reforms although was, often, criticised by some social subjects for its insufficient decisiveness, courage, genuine will and persistency. Mr. Milorad Pupovac, the president of Serbian National Council and the Croatian Serbian member of the parliament, commented the Prime Minister’s policy towards the Serbian community saying: '' Račan ran away from the minorities, especially Serbs, but not from their votes. As soon as he got them voting for him they were no longer interesting'' and emphasised that the policy towards other minorities was no different from that.[2] Co-operation with the International Criminal Tribunal for former Yugoslavia – ICTY, return of refugees, full respect for the rights of national minorities, judiciary reform and establishment of the rule of law and regulating certain open questions with the neighbouring countries were marked as open political issues in times of Racan’s but also Sanader’s rule. Racan’s government, in relation to the elimination of discrimination and return of Serbian refugees, in the opinion of International Crisis Group, used to adopt “half-measures” aiming to calm international community, and to, at the same time, avoid fulfilling undertaken obligations.[3] Both governments showed their intentions a wishes to join the European Union (if possible, in the next accession circle planed for 2007). They have started/continued with the processes of political and economic reforms and adjustments as well as intensive diplomatic campaigns in that direction, often being pressured by the international community. For this reason, Racan’s government submitted answers to the Questionnaire of the European Commission in order to obtain the Opinion on the application of Croatia for a membership of the European Union. The European Union positively answered to the Croatian application on April 20, 2004.[4] Based on this Opinion, the Republic of Croatia officially became a candidate for membership of the European Union on June 18, 2004.

11.       Certain speculations and scepticism relating to devotion to the HDZ principles of human rights and possible continuation of negative policies in treatment of minorities started vanishing right after parliamentary elections. The Prime Minister Sanader and the Government signed several co-operation agreements with elected members of the parliament belonging to Serbian (representatives of Independent Serbian Democratic Party – SDSS) and Italian national minorities. Representatives of both minorities, for that reason, supported the new government before the Croatian Parliament. All other members of the Parliament representing different national minorities also supported the Government. Ivo Sanader, the HDZ president, during the pre-election campaign, invited refuge Serbs to return to Croatia. The agreement the Government and the SDSS signed included the intention of the Government to solve fundamental issues facing Serbian community in Croatia, such as refugee return, property repossession, implementation of the Constitutional Law on the Rights of National Minorities, development of “special state concern” areas, judiciary reform and co-operation with the neighbouring countries. During New Years holidays, the Prime Minister visited representative of Italian national minority in Istria and participated in the celebration of orthodox Christmas organised by political representatives of the Serbian community in Zagreb. The Prime Minister continues to emphasise how important it is to respect minority rights and establish understanding and trust between persons belonging to different ethnic groups. The OSCE Mission to Croatia also welcomes these efforts.[5] The Prime Minister emphasises that national minorities are the fortune of the Republic of Croatia, not a problem.

12.       A great step forward in guarantee and protection of minority rights and efficient implementation of the CoE FCNM in the Republic of Croatia is also adoption and entering into force of new laws (see under paragraph 14), with the emphasis on the Constitutional Law on the Rights of National Minorities. The Law was adopted in December 2002 and was evaluated as a positive and quality document by which the Republic of Croatia fulfilled its obligation undertaken when joined the Council of Europe and ratified the CoE FCNM. Decision of the Government to exclude minority representatives from the Croatian Working Group Drafting the Constitutional Law on the Rights of the National Minorities in Croatia was disappointing but the compromise was found with the assistance and pressures by the international community.[6]