COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION STARTS CONSIDERATION OF FOURTH AND FIFTH PERIODIC REPORTS OF CROATIA

CERD
60th session
6 March 2002
Afternoon





Experts Query Government Delegation on Situation of
Minorities, Prohibition of Racist Organizations, Collaboration with the International Tribunal for Former Yugoslavia


The Committee on the Elimination of Racial Discrimination this afternoon started its consideration of the fourth and fifth reports of Croatia by querying a Government delegation on the situation of minorities, the prohibition of racist organizations and propaganda, and Croatia's collaboration with the International Tribunal for the former Yugoslavia.

Lidija Lukina Karajkovic, Assistant Minister of Justice, Administration and Local Self-Government of Croatia, introduced the report by stressing that the country had undergone a series of changes under a very complex economic situation, which was a limiting factor for the realization of many of Croatia's commitments. However, the Government was making every effort to find the means to ensure the return of all displaced persons and refugees to their homes, and the return of the property of refugees.

Ms. Karajkovic said that the problems encountered in the process of the changes had made the implementation of the Convention more difficult and demanded added efforts from the State to ensure the realization of human rights and the building of a civil society in the fullest sense.

Patrick Thornberry, the Committee Expert who served as country rapporteur to the report of Croatia, said that statistics dating back to 1991 showed the number of the Roma community to be 6,691, and he asked about their participation in political and social life in Croatia. He also asked if the Roma children were enrolled in schools within the context of their style of habitation, and if the Government had designed an educational curriculum in accordance with their needs.

Other Committee Experts also raised a number of questions on issues such as the return of refugees; non-discrimination in the treatment of prisoners; the situation of ethnic groups and national minorities and the availability of minority education in their own vernaculars; the concept and legal distinction of indigenous minorities; the procedures for naturalization; the restriction on property ownership by foreigners; and judicial protection against racial discrimination, among other things.

Also included in the delegation of Croatia are Miriana Kamber Bogdanovic, Assistant Minister of Labour and Social Welfare; Mira Lenardic, Secretary of the Ministry of Public Work, Reconstruction and Building; Zarko Katle, Assistant Minister of Internal Affairs; Branko Socanac, of the Ministry of Foreign Affairs; Ksenija Zeman, of the Ministry of Health; and Dubravka Poljak Makaruha, Senior Counsellor, Ministry of Education and Sport.

The following Committee Experts took part in the discussion: Luis Valencia Rodriguez, Raghavan Vasudevan Pillai, Mario Jorge Yutzis, Francois Lonseny Fall, Regis de Gouttes, Nourredine Amir, Jose A. Lindgren Alves, Alexander Sicilianos and Agha Shahi.

Croatia is among the 161 States parties to the Convention on the Elimination of All Forms of Racial Discrimination and as such it must provide the Committee with periodic reports on how it is implementing the provisions of the treaty.

The Committee also continued its debate on follow-up to the Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance.

When the Committee reconvenes at 10 a.m. on Thursday, 7 March, it will continue its consideration of the reports of Croatia.


Report of Croatia

The fourth and fifth periodic reports (document CERD/C/373/Add.1) enumerate the administrative, legislative and judicial measures undertaken by the State in its efforts to implement the provisions of the Convention. It says that the Commission for Relations with Religious Communities and the Office of the Government Agent of the Republic of Croatia before the European Court of Human Rights in Strasbourg have been established.

The report says that it is prohibited and punishable to incite national, racial or religious hatred or any other form of intolerance; all citizens and foreigners are equal before the tribunals and other bodies of public authority; the presumption of innocence is applied and no one may be held guilty of any criminal offence until proved guilty in a final court sentence; and the right to vote is universal and equal.

The report notes that each person lawfully present on the territory has the right to freedom of movement and residence; however, that right and the right to enter and leave the country may exceptionally be limited by law, if this is necessary for the protection of the legal order or health, rights and freedoms of other people. The freedom of conscience and religion and free public demonstration of religion or other beliefs are guaranteed. All religious congregations are equal before the law and they are separate from the State. The right to strike is guaranteed in the country, and it may be limited only in the military and in the police force.

The report says that Croatia guarantees the members of indigenous national minorities the exercise of the right to be represented in the House of Representatives of the Parliament. The members of the indigenous national minorities are entitled to elect five representatives to the House, who are elected in constituencies determined in the Act of the Constituencies. Members of the Hungarian, Serb and Italian national minorities elect one representative each, and members of the Czech and Slovak minorities together elect one representative.


Introduction of Report

LIDIJA LUKINA KARAJKOVIC, Assistant Minister of Justice, Administration and Local Self-Government of Croatia and Head of the delegation, recalled that at the beginning of January 2000, a coalition of six political parties had won parliamentary elections in Croatia and had begun to bring about changes in the direction of the development of a parliamentary democracy. Following the amendment of the Constitution, human rights were no longer guaranteed to citizens only but to every person, apart from the rights linked to citizenship, for instance, electoral rights.

Ms. Karajkovic further said that the provisions of the Constitution relating to political parties, national minorities and the rights of women were also amended. The new provisions cleared up certain criticisms relating to a lack of clarity that could arise from their interpretation; and the appropriate importance was given to each right within the scope of human rights in general. In addition, a wider opportunity was given for greater and better representation of members of national minorities in parliament.

She said that the series of changes that had taken place demanded significant changes to the entire body of legislation, which were under way. However, important work still had to be carried out on legislation regarding national minorities and the entire justice system. Changes had also been carried out in legislation relating to information and the media, especially regarding the Croatian Radio and Television, which was now a public institution. Several normative acts had entered into force, the most important one being the Law on Police that entered into force on 1 January 2001.

At the international level, Croatia had signed the Stabilization and Association Agreement with the European Union, Ms. Karajkovic went on to say. The process of regulating relations with neighbouring countries had also begun, and intensive work was under way on bilateral agreements which would settle a string of questions that had been open until now.

Ms. Karajkovic stressed that all those activities were taking place in a very complex economic situation, which was a limiting factor for the realization of many of Croatia's commitments. However, the Government was making every effort to find the means to ensure the return of all displaced persons and refugees to their homes, and the return of the property of refugees. The problems encountered in those areas had made the application of the Convention more difficult and demanded added efforts from the State to ensure the realization of human rights and the building of a civil society in the fullest sense.

Furthermore, Ms. Karajkovic said that according to the amended Constitution, political parties were prohibited from the promotion of any form of racial discrimination. The Constitutional Court was authorized to oversee the work of political parties and the Ministry of Justice, Administration and Local Self-Government and the Administrative Court to oversee the work of citizens' associations. There had been no cases of anyone seeking the prohibition of the activities of a political party or citizens' association for promoting any form of discrimination, nor had any such case been observed during the supervisory process.

Ms. Karajkovic said that the problems that existed in the realization of the right to citizenship had been mainly overcome. Today, the only problem was due to the length of the proceedings but not in refusals of justified requests for citizenship. The Ministry of the Interior was actually working on a draft law on citizenship and it would be submitted to parliament next year.

Because of the slowness of the courts and the large number of unresolved cases, the justice system had become a complex issue, Ms. Karajkovic said. However, the Government had put in place measures to ensure that the appointment of new judges was accelerated.


Consideration of Report

PATRICK THORNBERRY, the Committee Expert who served as country rapporteur to the report of Croatia, said that Croatia had ratified a number of international treaties, including the Convention on the Elimination of All Forms of Racial Discrimination, and had accepted article 14 of the Convention on the recognition of the competence of the Committee to receive individual complaints. He welcomed this.

Mr. Thornberry said that the formulation of certain phrases in the 1991 census questionnaire had been rigid, such as the "Are you Croatian or not" and "Are you a Catholic or not". Such questions did not leave much choice for those who participated in the census. The only statistical data on the demographic composition of the population dated back to 1991; and since then changes had taken place because of the displacement of persons.

The 1991 statistics showed the number of the Roma community to be 6,691, Mr. Thornberry said, and asked about their participation in political and social life in Croatia. Did Roma children enroll in schools within the context of their style of habitation? Did the Government design an educational curriculum in accordance with the need of the Roma children?

The Committee on Economic, Social and Cultural Rights, during its consideration of the report of Croatia, had indicated that displaced Croatian Serbs had legal and administrative difficulties in recovering their property, Mr. Thornberry said. Some were also hindered from returning to their former places of residence.

Mr. Thornberry asked if the Government of Croatia granted funds to minority schools.

He asked if the Government had taken measures to revise sentences passed by courts in connection with war crimes following the amnesty; what was the definition of war crimes according to the Croatian law?

Other Committee Experts also raised a number of questions on issues such as the return of refugees; non-discrimination in the treatment of prisoners; the situation of ethnic groups and national minorities and the availability of minority education in their own vernaculars; the concept and legal distinction of indigenous minorities; the procedures for naturalization; the restriction of property ownership by foreigners; and judicial protection against racial discrimination, among other things.

An Expert said that the Croatian Constitution clearly stated that the country was a multi-cultural and multi-ethnic society. Why were there no clear replies on the part of the State party on the implementation of article 4 of the Convention, which prohibited the propaganda of racial superiority by organizations or groups of people? The Expert also asked about the excessive control of the media by State authorities.

Other Experts asked the delegation to give an account of Croatia's collaboration with the International Tribunal for the Former Yugoslavia.




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