COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES PUBLIC REVIEW OF REPORTS OF CROATIA

CERD
60th session
7 March 2002
Morning



Discusses Draft Statement Urging States to Ensure that
Measures Taken against Terrorism are Non-Discriminatory



The Committee on the Elimination of Racial Discrimination this morning concluded its public review of the fourth and fifth periodic reports of Croatia on how that country was implementing the provisions of the Convention on the Elimination of All Forms of Racial Discrimination.
In responses presented to the 18-member Committee, the members of the Croatian delegation, led by Lidija Lukina Karajkovic, Assistant Minister of Justice, Administration and Local Self-Government, said that Croatia was collaborating with the International Penal Tribunal for the Former Yugoslavia in the Hague. Croatia had shown its determination to efficiently cooperate with the Tribunal; and more than 40,000 pages of documents had been delivered in 2000 to the Office of the Tribunal's Prosecutor.
The delegation also said that in 2002, 40,000 displaced persons and refugees were being cared for by the State; the number of displaced persons had decreased because they were now able to go back to their original homes. The Government had also provided assistance to refugees repatriated to Bosnia and Herzegovina.
Patrick Thornberry, the Committee Expert who acted as country rapporteur to the report of Croatia, said that many issues still had to be resolved with regard to minority representation and the demographic breakdown of the population that was affected by mass displacement due to the war. In the next report, it was also advisable that Croatia include information about the practical effects of the various legislative provisions which had entered into force, he said.
The Committee Experts Regis de Gouttes, Ion Diaconu and Jose A. Lindgren Alves also participated in the debate.
The Committee will issue its concluding observations and recommendations on the fourth and fifth periodic reports of Croatia before the end of its current three-week session on 22 March.
As one of the 161 States parties to the Convention, Croatia is obligated to submit periodic reports to the Committee on its efforts to put the provisions of the treaty into effect. A 7-member Croatian delegation was on hand to introduce the report and to answer questions raised by Committee Experts.
Also this morning, the Committee discussed a draft statement in which it unequivocabilly condemned the terrorist attacks on the United States on 11 September, the victims of which included nationals of 80 States including nationals of many States parties to the Convention. The draft, which is in response to a letter from High Commissioner for Human Rights Mary Robinson on whether measures taken by States against terrorism violated the rights in the Convention, demanded that States and international organizations ensure that measures taken in the struggle against terrorism do not discriminate in purpose or effect on grounds of race, colour, descent or national or ethnic origin. The draft also stated that the Committee intends to monitor the potentially discriminatory effects of legislation adopted in the framework of the fight against terrorism.
When the Committee reconvenes at 3 p.m., it will start its consideration of the fourteenth periodic report of Austria.
Response of Croatia
In response to the questions raised by the Committee Experts, the members of the Croatian delegation said that the national minorities in the country lived normally without any problems. They participated in the political, economic and cultural life of the Croatian society. With regard to the Muslim minorities, it was the Muslims themselves who wanted to be called a Bosnian minority; however, not all Muslims were Bosnian.
Many Experts were not satisfied with the application of article 4 of the Convention, which prohibited organizations based on propagation of racial superiority by one group, the delegation said, adding that the Government was not satisfied in its application either. The Government would take further action and it would include the measures taken in the next report. According to article 174 of the penal code on criminal offense of racial and other discrimination, it was stipulated that those who violated that provision would be punished by imprisonment for between six months to five years.
With regard to Croatia's collaboration with the International Penal Tribunal for the Former Yugoslavia in the Hague, the delegation said that Croatia had shown its determination to efficiently cooperate with the Tribunal. More than 40,000 pages of documents had been delivered in 2000 to the Office of the Tribunal's Prosecutor.
Concerning internally displaced persons and refugees, the delegation said that in 2002, 40,000 displaced persons and refugees were being cared for by the State. The number of displaced persons had decreased because they were now able to go back to their original homes. The Government had also provided assistance to refugees repatriated to Bosnia and Herzegovina. A law on the programme of return had been adopted by the parliament to accelerate the integration of returnees and to tackle problems arising from property ownership. Persons who left Croatia in 1991 could came back and claim their property. However, many of them did not want to return and live in Croatia. At present, the Government lacked funds to reconstruct and restitute houses belonging to displaced persons and refugees.
The movement of foreigners and their right to residence was governed by the law on foreigners, the delegation said. Any person lawfully living in the country could enjoy the right to freedom of movement within the country. The Government, however, could ban the movement of any foreigner on grounds of national security. Citizens of other republics who used to live in Croatia and who left the country during the war had the right to return and reside legally, as foreigners. However, the Government had cancelled the return of 42,000 persons because of their delay beyond the prescribed date of entry into Croatia.
Five years of legal residence was necessary before applying for Croatian citizenship, the delegation said. Citizenship could also be acquired through marriage. The Roma people who resided in Croatia could obtain citizenship in accordance with the law through the process of naturalization. However, most Roma people did not have legally registered residences in the country. In addition, the Roma people did not properly speak the Croatian language which created a handicap for their naturalization.
A bilingual educational system had been applied in Croatia involving national minorities, the delegation said. The education curriculum and textbooks were translated into the minority language to facilitate their learning. The teaching of Croatian language was also introduced in minority education systems.
Multi-culturalism was perceived as peaceful co-existence in the Croatian society, the delegation said. In addition, the teaching of human rights was widely introduced in schools in collaboration with the Council of Europe.
Last year, the Croatian Government had established the office of human rights to further promote and protect human rights, the delegation said. The office would also publish the recommendations of the Committee.
Responding to follow-up questions, the delegation said that there was a representative of the Bosnian minority in the parliament; however, with the amendment of the electoral law, which would come into effect next year, the situation might change.
The delegation said that Croatia was fully committed to the fight against racism and would do all it could to implement the provisions of the Convention.
PATRICK THORNBERRY, the Committee Expert who acted as country rapporteur to the report of Croatia, said that many issues still had to be resolved with regard to minority representation and the demographic breakdown of the population that was affected by mass displacement due to the war. In the next report, it was advisable that Croatia include information about the practical effects of the various legislative provisions which had entered into force.
He hoped that Croatia would create favourable conditions for the returnees and recommended that a study be carried out with regard to housing reconstruction. New statistics should be established on the Roma and strong justification should be presented to pursue separate pedagogical classes for Roma children.


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