Centre for Peace, Nonviolence and Human rights - Osijek Content CCENTREENTRE FFOROR PPEACE,EACE, NNONVIOLENCEONVIOLENCE AANDND HHUMANUMAN RRIGHTSIGHTS - OSIJEKOSIJEK
RREPORTEPORT 20052005 - 20062006 Content
CONTENT
53 Human rights 53 Legal Aid and Counselling 60 Dealing with the Past 60 Monitoring War Crime Trials 64 Advocating for the process of dealing with the past 61 Culture of Nonviolence 66 Mediation 70 „Building bridges“- interreligious cooperation 74 Community Development 74 Volunteers in Peacebuilding and Community Development 80 Through Dialogue towards Future 80 Interculturality and Youth 82 Civil Society Development 82 Development of voluntarism 83 Regional Forum of NGOs 83 Support to establishment and development of the local community foundation 85 Cooperation 87 Research 88 Providing training and other services to civil society sector and other sectors 90 Financial report
52 Human rights
HUMAN RIGHTS
Legal Aid and Counselling Since the beginning of its work, the Centre for Peace has, through its activities, been intent upon contributing to the easier realisation of civil and human rights and better access to justice for the citizens whose rights have been endangered. To realise this goal, the Centre for Peace has been conducting various activities. Legal aid and counselling is an activity that the Centre for Peace has been conti- nuingly implementing since 1998, targeting vulnerable groups of citizens in the Slavonia and Baranja region. Legal aid consists of providing legal counselling, help with composing offi cial letters for the realisation and protection of individual rights of citizens and repre- sentation in courts1 for benefi ciaries who are in need of this type of aid. In addition to this, we monitor the application of the law by competent institutions. This impli- es the analysis of each individual case and interventions by competent authorities in the cases of violations of the legal aid benefi ciaries’ rights. Up to 2007, the majority of our benefi ciaries have been returnees, refugees and displaced persons from the counties of Osijek-Baranja and Vukovar-Srijem. The work of the offi ce for legal aid and counselling has, to a large extent, been directed towards realisation of their rights related to return and/or integration into Croatian society. Furthermore, legal aid has been accessible to a considerable number of benefi ciaries from the most endangered and poorest groups in society. Out of a total of 3522 benefi ciaries of the legal aid and counselling in 2005, 2204 were persons belonging to the following groups: refugees (923), displaced per- sons (779) and returnees (502). 1318 benefi ciaries fall into the category of poor and vulnerable groups. In 2006, the number of benefi ciaries from the categories of returnees, refugees and displaced persons has decreased. Out of a total number of benefi ciaries – 3585, only 1873 were from these categories, while the number of benefi ciaries from the category of socially deprived has increased and totalled 1712. The following gro- 1 Representation in courts has ups fall into the category of socially deprived: the unemployed, benefi ciaries of been provided by lawyers who had applied to our com- the social welfare system, pensioners with pensions amounting to less than HRK petition by invitation, which 2.000,00, victims of domestic violence and members of minority groups. had predefi ned the conditions and criteria for legal services. During the selection procedu- re, we had taken into account their expertise and knowled- ge of the problem areas of our benefi ciaries. We have been providing legal services for all municipal and two county co- urts in the Osijek-Baranja and Vukovar-Srijem Counties.
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GRAPH 1: THE STRUCTURE OF BENEFICIARIES OF THE LEGAL AID AND COUNSELLING
poor and 4000 vulnerable 3500 groups 1318 3000 1712
2500 returnees, 2000 refugees and displaced 1500 2204 persons 1873 1000 500
0 12
GRAPH 2: CLASSIFICATION OF CASES ACCORDING TO LEGAL CATEGORIES (2005)
Other Criminal and 16% Pension minor offences 17% 3% Health insurance 4%
Convalidation Property 4% 17% Social Welfare 5%
Former Tenancy 6% Status 12% Labour Reconstruction 6% 10%
Total number of cases in 2005: 3544.
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GRAPH 3: CLASSIFICATION OF CASES ACCORDING TO LEGAL CATEGORIES (2005)
Status Other 16% 14% Health 3%
Criminal and minor offences 3% Social Welfare Property 4% 15% Family 5%
Convalidation 5% Pension Former Tenancy 14% 5% Reconstuction Labour 10% 6%
Total number of cases in 2006: 3622. The results achieved through the direct provision of legal aid In 2005 and 2006, the following has been achieved through direct work with be- nefi ciaries: 7166 cases were received and processed. 990 cases were solved. In view of the problem of the slowness of the Croatian judiciary and administra- tion regarding the solving of cases (“silence of the administration”2), we 2 observed during 2006 at least a slight increase in the number of solved «Silence of the administration”: cases. In 2005, there were 429, and in 2006, there were 561 solved cases. synonyms for this term are “si- lence of the authorities” or “si- Provision of 4424 legal counsels, i.e. provision of general information about ri- lence of the administrative au- ghts and duties, preliminary legal counsel advice as well as complete instruc- thority (body)”. “Silence of the tions about the ways and possibilities of settling a particular legal issue. administration” refers to the following cases: when no ac- Writing 3404 offi cial letters and petitions (applications, rush notes, com- tions of the proceedings have plaints, claims, appeals, proposals for distraint etc.) been undertaken within the Representation in courts was provided to 49 benefi ciaries in municipal prescribed timeframe; when courts in Osijek, Beli Manastir, Dalj and Negoslavci; in county courts in Osi- the proceedings are brought to an end, but without issuing jek and Vukovar; in the Supreme Court of the Republic of Croatia and in a decision; when the decision the Constitutional Court of the Republic of Croatia. 12 proceedings were is issued within the prescribed completed with judgements with fi nal force and eff ect, thereof 8 ended timeframe, but not delivered with positive rulings, while 4 were formally rejected. to the party.
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Problem: insuffi ciently Apart from providing legal aid in the offi ces in Osijek, Beli Manastir, Dalj clear criteria by which the and Negoslavci, our mobile team of lawyers had been continuingly visi- Directorate for Displaced ting elderly, infi rm and bed-ridden persons in need of legal aid in Nijemci, Persons, Returnees and Refugees makes lists of Srijemska Laza, Otok, Privlaka, Vukovar, Borovo, Vinkovci, Erdut, Bijelo Brdo, priorities for housing Dalj, Branjin Vrh and in St. Helena Home in Osijek. care outside the Areas of Help with acquiring basic personal documents and covering costs of ve- Special State Concern, rifi cations, translations, administrative fees, etc. for 97 benefi ciaries. and especially the lack of legal practice in the In cooperation with NGOs from Serbia, Montenegro and Bosnia and Her- subsequent course of pro- zegovina, we provided assistance in obtaining personal documents to ceedings are obstacles for 120 benefi ciaries who have the status of “refugee”, “displaced person”, “re- interested benefi ciaries turnee” and/or “foreigner”. in attaining complete and After several years of waiting, the reconstruction of 5 family houses in truthful counsel founded on law. Ceranji Gornji, in Obrovac Municipality, was fi nished, enabling displaced persons from Ceranji Gornji, with temporary residence in Negoslavci, to return to their homes. In the collective centre “Friendship Settlement” in Čepin: 6 refugees from Bosnia and Herzegovina realized their right to reconstruction; 15 refugees realized their right to pension or pension back payments; 10 refugees obta- ined a formal ruling on the issue of restitution of privately-owned property; after a long procedure, fl at was returned to H.C., a refugee from Banja Luka; we registered 24 organised returns to Bosnia and Herzegovina. Problem: In his report for the year 2006, the Om- We registered the return of seven families with children to in the greater budsman states that the Osijek area. Directorate for Displaced Good and targeted informing resulted in a relatively high number of appli- Persons, Returnees and cations for the programme of housing for former tenancy rights holders Refugees and the Direc- torate for reconstruction outside the Areas of Special State Concern (ASSC) in the area of Osijek of Family Houses of (675) and Vinkovci (106) (the immediate Osijek and Vinkovci areas are out- the Ministry of the Sea, side the Areas of Special State Concern). By the closing date for applicati- Tourism, Transport and ons (September, 2005), a total of 4425 applications had been submitted. Development could be an By the end of 2006, according to our data, 13 families from the city of obstacle to the Croatia’s Osijek had settled in state-owned fl ats. However, they are still waiting for accession process to the the conclusion of tenancy agreements. EU due to a large number of complaints (there We provided a systematic and continuous provision of support to citizens in re- are 14 000 appeals still pending before state ad- alisation of their rights ministration bodies). We made legal aid accessible to the vulnerable groups in the greater area of the following cities: Osijek, Beli Manastir, Đakovo, Našice, Vukovar, Ne- goslavci, Vinkovci and Županja. Regarding refugee return to the Osijek-Baranja and Vukovar-Srijem coun- ties, in the last two years 137 returns were offi cially registered. We regi- stered 31 cases of return of internally displaced persons of Serb ethnicity, who had temporarily settled in the territory of the Osijek-Baranja and Vukovar-Srijem counties (the area of the former UNTAES; today ASSC), to their homes in other parts of Croatia (Western Slavonia, Knin, Obrovac etc.), where they had lived before the war broke out. In the last two years,
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there were 24 registered organised returns of refugees from the Collective The problem of the Centre Čepin to Bosnia and Herzegovina “silence of the admini- stration” still exists. For After the Government of the Republic of Croatia had, as far back as June many years now, we have 2003, adopted the Conclusion on Housing Care, it was not until the be- been emphasising, as the ginning of 2006 that housing care of former tenancy right holders in Osi- most frequent example of jek started. human rights violation, the problem of noncompli- Improved communication with the government institutions ance of the provisions of the General Public Admi- Through our continuous fi ling of complaints and rush notes, we have to nistration Procedure Law some extent contributed to the improvement of the quality of work of relating to the time limits the Directorate for Reconstruction of Family Houses of the Ministry of the for delivering verdicts in the fi rst- and second-in- Sea, Tourism, Transport and Development (they are responding to our stance proceedings and rush notes in accordance with the article 296 of the General Public Admi- the problem of lengt- nistration Procedure Law). The Directorate notifi ed by offi cial letters the hiness of administrative lower instance authorities, through which the latter were obliged to deli- disputes. Violation of the ver their reply about the status of the case to the Centre for Peace within mentioned provisions of 8 days, and the authorities complied with this. It can be expected that this the Public Administration practice will lead to the quicker solving of cases. Procedure Law is especi- ally common in the area of Furthermore, we have improved communication with the Croatian Pensi- retirement and disability on Insurance Institute, Central service in Zagreb, which has been regularly insurance and concerning providing us with information on actions they had undertaken related to the reopening of cases the cases of our benefi ciaries. in the second-instance proceedings. The president of the Administrative Court of the Republic of Croatia has In the procedure of en- started supplying timely replies to all rush notes the Centre for peace legal forcement of the rulings team had fi led in order to speed up the proceedings. We registered that of the administrative the President of the Administrative Court ordered, as a matter of urgency, court, we have recorded that procedures were instituted for three cases of the Centre for Peace’s violations of the provisi- benefi ciaries (the cases were from 2001, and were still pending in 2006). ons relating to the time limits for delivering new We have enhanced our cooperation with the Osijek-Baranja Police Admi- verdicts, and especi- nistration. The Centre for Peace is frequently taking the role of a mediator ally the violation of the between a benefi ciary of legal aid and authorities/police offi cials. Legal principle of obligatoriness aid benefi ciaries often have more trust in the Centre for Peace’s lawyers of a decision. It often hap- and, consequently, often turn to them when they need interpretation of pens in practice that an administrative authority the acquired decisions. On the other hand, the police also frequently turn issues the same decision to the Centre for Peace when they need help in resolving problems they that had been annulled by are dealing with. For example, in the case of forced expulsion of the M. fa- the administrative court mily, the police called the Centre for Peace to monitor the police actions. ruling, but with diff erent In this particular case, the M. family had voluntarily and on their own left statement of grounds. At the territory of the Republic of Croatia. The invitation by the police to mo- the practical level, this me- nitor their actions indicates that they have raised their awareness about ans that the proceedings the responsibility and role that they have in the society as well as about will be stalled for another 4 to 5 years. the need for monitoring and transparency of their work. Cooperation with associations Through the Open Forum of associations from Croatia, particularly on for- mulating observations on the draft Law on Free Legal Aid, as well as on
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the analyses, observations and recommendations regarding the National Road Maps.3 As a member of the Coalition for Promotion and Protection of Human Ri- ghts (more about the Coalition’s achievements can be found in the chap- ter Cooperation, page 85) We signed a Memorandum of Cooperation with the Humanitarian and Law Offi ce from Podgorica. In the upcoming period, we intend to continue developing cross-border coopera- tion with the organisations engaged in the promotion and protection of the rights of refugees, returnees and displaced persons in Bosnia and Herzegovina, Serbia and Montenegro, by organising periodical meetings at which we would exchange information as well as practical experience, and examine issues related to return and local integrations (for example, with organisations Vaša Prava BIH, the Huma- nitarian and Law Offi ce from Podgorica, Montenegro, Serbian Democratic Forum Belgrade, Serbia and Serbian Democratic Forum, Zagreb, Croatia).
3 „Road Maps“ or „Signposts“ represent a national plan for resolving issues of refugees and displaced persons. On the initiative of UNHCR, OSCE mission and the Delegation of the European Commissi- on, the Ministries of Bosnia and Herzegovina, Serbia and Montenegro and Croatia have signed the Declaration at the conference in Sarajevo. Saraje- vo Declaration anticipates the development of the National Road Maps. The National Road Maps should become a foun- dation for the development of a regional scheme, which will include and integrate all national programmes for the purpose of resolving the pro- blems of refugees, returnees and displaced person.
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Example from Practice: Description of the D.S.’s case
„CERTIFICATE OF CITIZENSHIP” «Any further polemics about this case are pointless and we recommend to the party to collect the decision on the acquisition of Croatian citizenship, if he has not done so already, in order to complete the administrative procedure.» “D.S. is not a Croatian citizen. He will become a Croatian citizen on the date the decisi- on of this Ministry is served on him. Naturally, the serving of the mentioned decision is connected with the payment of the administrative taxes prescribed by the Administra- tion Taxes Law, in the amount of HRK 1.500,00.” D.S.’s problem dates from the mid-2004, when he applied for the issue of a Certifi cate of Citizenship, because his old one had expired. He enclosed all required documents, but then he was told that his Certifi cate of Citizenship was not valid, because it had been issued to him by mistake in 1997. D.S. was born in the Republic of Croatia and his pa- rents are Croatian citizens. Through the process of peaceful reintegration, D.S. was issu- ed a Certifi cate of Citizenship. The Certifi cate of Citizenship is a public document which serves to prove Croatian citizenship (Article 28 of the Law on Croatian Citizenship). “Revision of citizenship does not exist as a legal institute relative to citizenship.” Being legally illiterate, D.S. agreed, at the urging of an offi cer in the Department of Citi- zenship of the Police Administration, to fi le a claim for acquisition of Croatian citizen- ship. Shortly afterwards, which is unusual, he received a notice to collect the decision on acquisition of Croatian citizenship and to pay the administrative taxes in the amount of HRK 1.500,00. At that moment, D.S. got in touch with our Legal Aid and Counselling team and asked for legal aid. Since then, our team has been keeping correspondence with the Ministry of the Interior and the Central State Administrative Offi ce for Public Administration – Department for Civil Aff airs. We also wrote an inquiry to the Ombud- sman of the Republic of Croatia, but have not received any reply from him yet. We have not received an answer to the question: how is it possible to demand from someone who is a Croatian citizen, which he can prove with his Certifi cate of Citizenship, to fi le a claim for the acquisition of Croatian citizenship? Well, one cannot just say: “Your Cer- tifi cate of Citizenship has expired. It was issued to you by mistake.” What about legal security? The Ministry of the Interior itself, in its reply, confi rms that the revision of citi- zenship does not exist. We also have not received an answer to the question about how it was possible for D.S., as a foreign citizen, to be enlisted and sent to military service, which he completed in 2003. To the present day, D.S. has not collected the decision on 4 the acquisition of Croatian citizenship. Ministry of the Interior, Assi- stant Minister, from the offi - We are waiting for a reply from the Ombudsman of the Republic of Croatia. cial letter sent on April 10th Epilogue: The Ombudsman, in his reply from June 30th 2006, stated that the conditions 2006 for issuing a Certifi cate of Citizenship had not been met. He could also not provide an 5 Ministry of the Interior, answer to the question how a citizen of Bosnia and Herzegovina could be enlisted. He Assistant Minister, from the asked from the Osijek-Baranja Police Administration to investigate the responsibility of offi cial letter sent on May th offi cer who had issued and certifi ed D.S.’s Certifi cate of Citizenship. 27 2006 6 Before the reply got in, due to personal reasons, D.S. had paid the taxes for the decision Ministry of the Interior, Assistant Minister, from the on the acquisition of Croatian citizenship and got his new Certifi cate of Citizenship. offi cial letter sent on May 27th 2006
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Dealing with the Past
Monitoring War Crime Trials Centre for Peace has been implementing the Monitoring War Crime Trials project since 2004. The aim of the involvement of organisations for protection of human rights into the monitoring of war crime trials is twofold: 1. Contribution to the im- provement of judicial practice; 2. Strengthening of trust in local courts. Both men- tioned aspects are important for more eff ective contribution in achieving justice for the victims of crimes and in strengthening the rule of law. Nine lawyers from fi ve partner organisations (Altruist Centre Split; Documenta; Ci- vic Committee for Human Rights; Croatian Helsinki Committee for Human Rights; and Centre for Peace, Nonviolence and Human Rights) have been working in the war crime trials monitoring teams. Centre for Peace has been implementing the regional project of Monitoring War Crime Trials in co-operation with the Humani- tarian Law Centre from Belgrade, and the Research and Documentation Centre from Sarajevo. Using a unique methodology of monitoring and reporting, the monitoring teams were present at 13 war crime trials in 2005, while in 2006, the teams were present at 18 trials, out of a total of 23 war crime trials, conducted at 9 county courts on the territory of the Republic of Croatia. (Table 1: Overview of war crime trials in 2005/2006) Within the framework of the regional project, we have been monitoring the fo- llowing trials during 2005 and 2006: the trial for war crime against war prisoners at Ovčara, and the trial for war crime against civilians in Zvornik – conducted at the Special court in Belgrade; the trial for crime against the family of the priest Matanović – conducted at the court in Banja Luka; and the trial for crime in Foča – conducted at the court in Sarajevo. In 2005 and 2006, we attended a total of 196 court hearings, and made the same number of reports. The fi nal analysis was made on each trial for which the fi rst-in- stance court verdict had been reached. The project was introduced to 21 county courts in the Republic of Croatia, to the State Attorney’s Offi ce, to the Supreme Court of the Republic of Croatia, and a regular correspondence was established in order to obtain information on court hearings, provide access to documents and notify courts on monitors’ presence during trials. The presentation of regional co-operation on activities in the war cri- me trials monitoring was held in the Media Centre in Belgrade, and at the NGO Forum in Zagreb. The fi ndings on monitoring war crime trials at county courts in the Republic of Croatia were presented to the expert community and interested audience at the round-table discussion which was held at the Human Rights Centre in Zagreb, at the press conferences and through the published reports (Monitoring War Crime
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Trials, Annual Report for 2005; and Monitoring War Crime Trials, Annual Report for 2006). All the reports, and all the documents collected at the trials, may be found at the web site of the Centre for Peace.7 The average of 4,500 visitors visit the Centre for Peace web pages on a monthly basis.
It is important to emphasize that the trial reports and fi ndings are regularly referred to by the following international and domestic organisations and the institutions in the Republic of Croatia: Delegation of the European Commission to the Republic of Croatia, representatives of the embassies to the Republic of Croatia, representatives of the State Attorney’s Offi ce, UNHCR, OSCE and ICTY, representatives of the Offi ce for Associations and some thirty organisations of civil society from the entire Croatia.
Improvement of war crime trials practice is clearly visible in the following:
1. The State Attorney’s Offi ce of the Republic of Croatia has continued to: stren- gthen the regional/international cooperation on war crime trials; insist on dis- continuation of court practice of conducting war crime trials in absence; launch investigation procedures for the crimes committed against ethnic non-Croatian population, and investigation on the persons who are responsible for crimes according to the command responsibility; proceed with a trend of gradual ope- ning up towards the public by providing an increased availability and access to information. 2. During 2006, at the fi rst-instance court trials before the county courts: no major violations of the regulations of the Law on Criminal Procedure were registered; no incidents in the court lobbies, or obstruction of work of the War Crime Coun- cils, or obstruction of work of the parties involved in court trials, provoked by the audience in the courtroom, were registered; several repeated court trials were completed in a correct manner; cooperation between the judiciary and the po- lice of the Republic of Croatia, Serbia, and Bosnia and Herzegovina, on bringing the witnesses to the court, has started functioning. Defi ciencies of the war crime trials practice in the Republic of Croatia are mainly a result, and some of them are the repetition, of the previously employed, poor judicial practices. These defi ciencies point to unwillingness, ineff ectiveness, and/or partiality in conducting war crime trials.
The key defi ciencies are as follows: court trials held in absence of the accused; insuffi ciently detailed indictments (indictments are not precise enough); repea- ting of court trials; non-standardized practice of ordering detention; insuffi cient support to the witnesses and the victims.
7 http://www.centar-za-mir.hr/ sudenje.php
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TABLE 1: OVERVIEW OF WAR CRIME TRIALS IN 2005/2006
CRIMINAL COURT CASE YEAR ACT
County Court in „Crime in Ernestinovo“(2005) War crime 2005. Osijek against „Crime in Branjin Vrh“(2005) civilians „Crime in Branjina“(2005) „Crime in Beli Manastir and other towns and villages in Baranja“ (2006) „Crime in Čepin“ (2006) „Crime in Paulin Dvor“ 2006 „Crime in Dalj“
County Court in „Crime in Borovo Selo“ (2005) War crime 2005. Vukovar against civilians „Crime in Mikluševci“ (2005-06) Genocide Genocide / „„Crime in Lovas“ (2005/06) War crime against civilians „Crime in Berak“(2006) War crime against civilians „Crime at „Velepromet““ 2006 War crime against „Crime at „Borovo – Commerce““ 2006 civilians
County Court in „Crime in Kruševo near Obrovac“(2005) War crime 2005. Zadar against civilians
County Court in 2005. „Crime in Frkašić detention camp“(2005) War crime Karlovac against war prisoners „Crime at the Korana river bridge“ Illegal killing (2005/06) and woun- ding of enemy
County Court in „Crime in Trnovo i Croatian Danube War crime 2005. Zagreb region“(2005) against war prisoners
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County Court in „Crime in Bjelovar“(2005) War crime 2005. Varaždin against civilians/war crime against war prisoners
County Court in „Crime in Virovitica“ (2005/06) War crime 2005. / Bjelovar against 2006. civilians
County Court in „Crime at „Lora““ War crime 2005. / Split against 2006. civilians
County Court in „Crime in Raštević“ 2006 War crime 2006. Zadar against „Crime in Korlat“2006 civilians
County Court in „Crime in Lovinac“ War crime 2006. Rijeka against civilians
County Court in „Crime at the BiH corridor, in Potkonj, War crime 2006. Šibenik Vrpolje and Knin“ against civilians
County Court in „Crime in Petrinja“ War crime 2006. Sisak against civilians
County Court in „Crime on Pogledić hill near Glina“ War crime 2006. Sisak against civilians
Court in Banja „Crime against the family of the priest War crime 2004./05. Luka Matanović“ against civilians
Court in Sarajevo „Crime in Foča“ War crime 2004./05. against civilians
Court in Belgrade „„Crime at Ovčara“ War crime 2005./06. against war prisoners
Court in Belgrade „„Crime in Zvornik“ War crime 2006. against civilians
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Advocating for the process of dealing with the past Within the advertising campaign for the documentary fi lm series in Osi- jek, we presented the documentary fi lm „Lora“ with guest Nenad Puhov- ski, the fi lm author; the documentary fi lm „Sarajevo in times of war“; and the documentary fi lm „Pretty Dyana“. We organised the following panel discussions and round-table discussi- ons: The Ovčara Crime Trial, with guests from Belgrade, Sarajevo, Zagreb and Vukovar; „I have the guts“ with the guest Svetlana Broz, the author (Karlovac); War Crime Trials Monitoring presentation to the students of the Zagreb Law Faculty and the Osijek Law Faculty; „Political violence and pressure exerted on the media“ as a reaction to frequent threats to newsreporters and their replacing due to publishing of publicly inappro- priate information; „War veterans in the post-war period“ where the posi- tions of war veterans in today's Croatian society were discussed as well as the causes and models of war veterans' active involvement in a post-war society; and the round-table discussion covering the dialogue between the non-government organisations dealing with human rights, on one side, and veterans' associations, on the other side, held at the Zagreb HVI- DR-a premises. In co-operation with the Centre for Non-violent Action from Belgrade, we organised a promotion of the book „I cannot be fi ne if my neighbour is doing badly!“ which is published by the Belgrade' s Centre for Non-violent Action. The book is a very successful example of oral history which deals with the war in all areas of the former Yugoslavia, including the areas that were not directly ravaged by the war but were also greatly aff ected by it. (Osijek) Two special issues of the „Culture of Peace“ magazine were published: 1. „Dealing with the Past“, a total of 1,600 copies were printed in Croatian and English language (2005); and 2. „War Crime Trials“, 700 copies were printed in Croatian language (2006). Both publications were presented to the public and distributed in Croa- tia and throughout the region. We have organised an expert seminar under the title of „New Tactics in Human Rights: Tools for Activists“. The seminar was organised in co-ope- ration with the Human Rights Centre from Zagreb. We have participated in the following media presentations: presentation of the regional co-operation on dealing with the past and war crime trials monitoring (Media Centre in Belgrade); presentation of the war crime tri- als monitoring in the television show at Bijeljina TV (Republika Srpska); we participated in one-hour Split TV broadcast „Censure“ discussing the trial for war crime at „Ovčara“; Culture in the process of dealing with the past, interviews given to the cultural programme of the Croatian Radio Cha- nnel II; Dealing with the past, an intervju given to the Radio 101; report
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on humanitarian law violations committed by the Military and Housing Commission, prepared for the fi lm „Dossier Osijek“ produced by B92 TV from Belgrade; report on process of dealing with the past, prepared for the „Mreža“ TV (Network) from Belgrade. We joined the public discussion regarding unsolved murders of civilians in Osijek in 1991. On that occasion, we organised press conferences and issued 3 press releases that were broadcast during the prime-time radio and television news reports. Promotions of the publications „Monitoring War Crime Trials in the Repu- blic of Croatia – key fi ndings and recommendations “ - Annual Reports for 2005 and 2006, were held in Zagreb and Osijek. The recommendations given by civil society organisations that work in the fi eld of dealing with the past (including the recommendations given by the Centre for Peace) have been included in the national and regio- nal recommendations to the Global Action Plan for Prevention of Armed Confl icts (see www.gppac.org) and the initiative has been launched for the UN Resolution „Trauma-recovery and reconciliation“.
65 Culture of Nonviolence
CULTURE OF NONVIOLENCE A culture of nonviolence includes values that determine the way people relate to each other, whether at individual or group level. The foundation of nonviolence is a relationship based on equality in dignity in which people treat each other with res- pect. A society based on equality in dignity is the society that nurtures nonviolence. Nonviolence is not only about stopping the violence or absence of violence, but also about proactive actions towards nonviolence. It implies confl ict transforma- tion through reaching agreements that solve a problem. It implicitly includes a personal and social responsibility – a responsibility for one’s own life as well as the appreciation and care for the needs of the others and the community. In the culture of nonviolence, a confl ict becomes an opportunity for: recognising one’s own needs and appreciating the needs of others; opening dialogue and exchange of information, knowledge and ideas; developing creativity and innovativeness in search of diff erent ways to meet our needs, while taking into account the needs of others. Learning about nonviolence and living pursuant to the values of nonviolence im- ply personal growth and change. Through getting to know ourselves, our own Nonviolence is… needs and emotions, we will be able to better understand others, fi nd understan- Appreciating diff e- ding and compassion for the needs of others and take these needs into account. rences Active nonviolence calls for continuous examination of our attitudes, opinions and Listening to others actions related to specifi c persons and situations in which we fi nd ourselves. The- Compassion refore, as Gandhi said: There is no way to peace; peace is the way. Dialogue and coope- The promotion and affi rmation of the culture of nonviolence has been one of the ration fundamental backbones of the work of the Centre for Peace for many years. In the Not avoiding, course of 2005 and 2006, we worked on the promotion of mediation as a method But resolving confl icts of resolving confl icts in a peaceful way, and we fostered education on nonviolence in a peaceful way for members of diff erent churches and religious communities. A lifestyle …. Mediation Mediation is a nonviolent dispute resolution method where a third neutral party helps confl icting parties to open dialogue and fi nd the best solution for their problem. Nonviolent confl ict resolution is based on mutual understanding and acknowled- gment, and not on attacks, accusations and usage of force against each other. It is based on dialogue and joint searching for a solution that all parties are satisfi - ed with. Nonviolent confl ict resolution is not based on “who is right and who is wrong”, but on the concept that it is possible to fi nd a solution that meets the needs and interests (no matter how diff erent or similar they might be) of all of the confl icting parties. All of us sometimes fi nd ourselves in situations in which we don’t see a solution and need help to be able to express our thoughts, our view of the problem, to deal
66 Culture of Nonviolence
with our emotions and to talk calmly. When a confl ict escalates, emotions are very often intensive, which makes communication and clarifi cation of the problem very diffi cult. In such situations, when parties in confl ict need help, mediation is one of alternative options that might be used. Mediation is done with the assistance of mediators who help confl icting parties to communicate with mutual respect, to listen and to develop empathy. Mediator helps parties in confl ict to recognise and understand their own needs and feelings, to see and consider diff erent aspects of the problem, which is leading them towar- ds seeking the best solution. Mediators help parties to redirect their focus from people towards the problem and help parties to create and choose the solution they feel is best for them. That way, the power is returned to the confl icting parties and therewith the responsibility for the own choices and the own life. Solutions achieved by mediation are more sustainable and long-term because they were created and chosen by parties themselves, who know best what they need and how they want to achieve it.
What we have accomplished
We have chosen to contribute to the process of development and promotion of mediation in the area of Slavonia and Baranja in several diff erent ways: sensiti- sation of the public for nonviolent dispute resolution; empowerment of citizens, children and youth for responsible and creative confl ict transformation; setting up and opening mediation centres in which citizens can get mediation service free of charge; supporting the process of networking between NGOs and institutions that provide mediation services or education on mediation with the goal of exchange of information, best practices and development of strategies on national level. We have started by implementing activities directed towards education and pre- paration of mediators.
Education 55 citizens mediators, 34 community policemen, 12 judges and 10 social workers in three local communities (Osijek (Os), Vukovar (Vu) and Beli Ma- nastir (BM)) have participated in mediation trainings. We have conducted 44 days of training in total. After basic eight-day training, all participants were given opportunities to further improve their skills through supervisi- on, role plays and peer exchange meetings.
Two mediation centres opened Two mediation centres were opened in January 2006 in Osijek and Beli Manastir and since then mediators are providing mediation services. The number of mediation cases is rising, especially in Beli Manastir. In 35 cases people have applied for mediation. Six cases ended with an agreement, 13 cases are still in process and at least 15 cases were not suitable for me- diation and were therefore referred to other agencies or institutions.
67 Culture of Nonviolence
Introduction of mediation into Croatian courts: 12 judges from 5 courts participated in the education programme (Muni- cipal Court Osijek, Commercial Court Osijek, Municipal Court Beli Mana- stir, Municipal Court Đakovo and Municipal Court Valpovo). Judges participated in the process of developing procedures and forms that are necessary for referring cases to mediation inside or outside the court. Municipal Court Beli Manastir chose the model of referring cases to the Mediation Centre Beli Manastir and Osijek, determined procedures and appointed a Mediation Offi cer inside the court. The Commercial Court Osijek off ers parties interested in mediation information about all orga- nisations/institutions where they could apply for mediation in Osijek and During the implemen- tation of the project, leaves it up to them to decide whom they contact. The Municipal Court our cooperation was Osijek decided to start a pilot project in cooperation with the Ministry of extended to another Justice and has began off ering mediation services inside the court, where area. The Police Depar- mediation is conducted by judges. tment Osječko-Baranska invited our trainers to Improved Cooperation with Police, Social Welfare Centre and NGOs: participate in regular Previously established cooperation with the Police Departments in Osijek, professional education Beli Manastir and Vukovar was improved, and currently community poli- of policemen working in cemen give citizens in confl ict information about mediation and where the Osječko-Baranjska they could apply for mediation services. In total, 13 cases were referred by County. Topics that were contact policemen last year. particularly interesting for the police were com- Very good cooperation was developed with organisations that work on munication and dealing introducing mediation into Croatia. During study trips to Norway and with stress. Three wor- Finland, representatives of diff erent institutions and organisations from kshops were held with Croatia had the opportunity to get to know each other better, which re- three diff erent groups sulted in joint plans for future cooperation. The concept of joint advocacy of policemen as a pilot for introducing peer mediation into schools was developed and agreed programme. Policemen upon. The next step is the presentation of the concept to the Ministry of showed high motivation Science, Education and Sport. for participation in these After participating in the mediation training, social workers from the Soci- workshops. al Welfare Centre Vukovar (SWC VU) have expressed how important they think mediation is and that they are willing to apply it in their everyday work with clients. The Centre for Peace cooperated with the SWC VU to further develop capacities for mediation of social workers of SWC VU. Promotion Mediation is a new way of dealing with confl icts suitable for the majority of citizens and therefore we have put special attention to the promotion of mediation, in order to lessen prejudices and fears connected to this new method: several local radio stations broadcasted a jingle on media- tion every day throughout the week in which we celebrated the Interna- tional Day of Peace; we have made a short fi lm on mediation; distributed around 230 posters, around 2850 leafl ets; published several articles on mediation in local newspapers; newspapers announced events and pre- sentations related to mediation; we have held 9 presentations on medi- ations for citizens, schools and institutions; the fi lm production company
68 Culture of Nonviolence
“Fade in” made for the channel “HRT” a 5-minute documentary on medi- ation and the project we have been implementing in 2005. The fi lm was broadcasted as a part of the TV-Show “Život u živo” (“live from life”); the project and background information about mediation were presented during an one-hour live radio show on Radio Vukovar, and two live radio shows on Radio Baranja and radio Banska Kosa in Beli Manastir. Peer Mediation in Primary Schools After a two-year break, which resulted from a lack of funds, we are wor- king again on the promotion of peer mediation in two primary schools in Osijek. In one of the chosen schools the Mediators’ Club has already been functioning for the last three years. In this school a new generation of mediators is being educated, and already experienced mediators are receiving additional training. Recently, the other school off ered peer me- diation training for their students for the fi rst time.
Why mediation From its fi rst days in 1992, the Centre for Peace works on the promotion of a culture of peace and dialogue, which inevitably includes raising capacities for confl ict transfor- mation in local communities. For us, mediation is a very important method of active non-violence and it is also a method that can be used by everybody – everybody can participate in a mediation process as a party in confl ict. Mediation gives the power for confl ict resolution back to the people in confl ict and develops the belief that a choice and a way out always exist. This approach to confl ict resolution on individual level contributes to a diff erent culture of living that acknowledges identity and integrity of the other person and the diff erences between oneself and the other person. It helps learning about the own needs and bor- ders as well as the needs and borders of others, improving the quality of relationships and developing creative potentials on the individual level. It enables fi nding better and more sustainable solutions, it opens space for a diff erent kind of communication and it is motivation and encouragement for facing, opening and solving future confl icts. That way, confl icts become opportunities for change. Practicing mediation on all levels, contributes to the development of the capacity of the com- munity for the transformation of confl icts, to a change of the culture of dominance (competi- tion and violence) into a culture of cooperation (democracy and non-violent action). Mediators have a special role in this social process as well as in the mediation process. Their role is not to “reconcile” the parties in confl ict, but to create a space in which they can cooperate in the search for the best solution for all of them. For this role they need skills of analysis, communication and dealing with strong emotions. They need empathy for the pain a person or a group experienced during the confl ict, because this can open the possibility of releasing the past. However, fi rst of all, they need the attitude and con- viction that parties in confl ict are able to solve the problem themselves, that each per- son knows what he/she feels and needs, and that he/she is able to express that and be assertive, at the same time acknowledging the needs of the other (that compassion, love, solidarity and courage are a capacity of every human being). Here lies the humbleness and humanity of mediation, its greatness and opportunity to infl uence change.
69 Culture of Nonviolence
„Building bridges“- interreligious cooperation
Towards Peace and Reconciliation through Education on Non- violence for Representatives of Churches and Religious Com- munities
We are living in a society in which churches and religious communities have an im- portant role in shaping our value systems, attitudes, patterns of behaviour and cul- ture. Even though the Centre for Peace is a secular (worldly) organisation, our work in the area of the culture of nonviolence also includes cooperation with members of various churches and religious communities. Recognising the importance of their involvement in the processes of developing a democratic society, in the last few years we have focused our work on bringing together and initiating coope- ration among diff erent churches, religious communities and non-governmental organisations in South East Europe. The main activities targeting this goal were in the fi eld of education on nonviolence and nonviolent action. Nonviolence has been acknowledged to be a fi rm, common foundation on which the dialogue among diff erent stakeholders can be built. The main purpose of education on nonviolence is to ensure examination of per- sonal attitudes, values and relationships to nonviolence through the process of acquiring new knowledge and skills and to encourage believers to be actively en- gaged in peacebuilding. We provided for education on nonviolence at two levels: 1. Basic training for those who want to get empowered for nonviolent action; 2. Advanced training or training of trainers (ToT) for those who want to teach others about nonviolence and nonviolent action.9
What we have accomplished
47 participants in 4 countries completed the basic training on nonviolence Representatives of churches, religious communities and non-governmen- tal organisations from Albania, Bosnia and Herzegovina, Croatia10, Mace- donia and Serbia joined the project. The basic training on nonviolence, in duration of 12 days, was held in all mentioned countries. From the total number of 55 participants, 47 completed the training. At the training, we 9 Participation in the training of trainers was dependent on opened up a discussion about nonviolence as a common foundation of previous completion of the all religions, a space for exploring the relation between nonviolence and basic training on nonviolence religion, a space for examining personal attitudes and value systems and following the curriculum of the for discovering possibilities for the application of nonviolence in everyday Centre for Peace or other similar lives. Our intention was to encourage the participants of the training to curricula) explore and discover similarities in their religions and beliefs. However, an 10 In Croatia, the training on non- violence was conducted in the even bigger challenge was to create a space for examination and search earlier phase of the project for the answer to the question: How can we live together respecting dif- implementation, during 2003 ferences that exist among us and the religions we belong to. and 2004, and was completed by 12 participants.
70 Culture of Nonviolence
TABLE 2: THE NUMBER AND STRUCTURE OF THE PARTICIPANTS OF THE BASIC Topics of the training on TRAINING nonviolence Basics of nonviolent NUMBER OF communication PARTICIPANTS CHURCHES AND RELIGIOUS COUNTRY Introduction to confl ict OF THE BASIC COMMUNITIES TRAINING How do I behave in a confl ict Albania 7 Islam community and Orthodox church Confl ict transformation Bosnia and Islam community and members of Christian 7 Herzegovina churches: Catholic, Protestant and Orthodox Cooperation and under- standing of nonviolence Macedonian Orthodox Church and Macedonia 14 Protestant (Evangelical) Church Diversity of religious Serbian Orthodox, Methodist and Catholic identities Serbia 7 Church Prejudices and Catholic, Baptist, Adventist and reformed stereotypes Croatia 12 Church Structural violence Total 47 Theatre of the Oppressed After the basic trainings on nonviolence had been held in the above-men- Faith and political tioned countries in June 2005, we organised a regional gathering for 26 engagement participants that took place in Osijek. The purpose of this meeting was to Introduction to get to know each other and exchange experiences through socialising and consensus 11 taking part in various activities. The evaluation of achievements after the Social change and fi rst phase of project implementation suggests the following changes: nonviolent resistance The most important change in participants occurred in the way they think My power to change about and in their attitude towards nonviolence. They became aware of Interreligiuos dialogue the opportunity for choice, that is, that violence is not an imperative way Spirituality of of reacting. The majority of participants adopted an activist way of thin- nonviolence king, asking the question: “What can I do for the benefi t of the society and community I live in?!” Many participants started applying the skills of non- violence, like active listening, assertiveness and dialogue skills during their work in their churches, communities, organisations and in their every-day lives. They have recognised nonviolence as the common foundation of all religions, but also as reinforcement and support for the development of future joint activities and cooperation on peacebuilding. 11 participants completed the advanced training on nonviolence / Training of trainers After the selection process among the participants of the basic training, 11 we organised a training of trainers (ToT) for 11 participants: 2 from Croatia, The Centre for Peace was a partner organisation in orga- 2 from Bosnia and Herzegovina, 3 from Serbia and 4 from Macedonia. The nising the programme of the participants were members of the Orthodox, Catholic, Protestant (Baptist, Kristfest (The Ecumenical Fe- Methodist, Evangelical) Church and of the Islam community. The parti- stival of Christian Culture) that cipants of ToT mastered the following tasks they had been exposed to: was taking place in Osijek at they went deeper into the topics of the basic training, acquired knowled- that time, so that the partici- pants of the meeting had an ge and skills for running trainings and led a two-day training session on opportunity to participate as non-violence organised for believers in their communities. There were 5 guests in the programme of introductory training sessions on nonviolence held: two in Bosnia and the Festival.
71 Culture of Nonviolence
Herzegovina, one in Macedonia and one in Croatia. It is important to po- int out that the participants of the introductory trainings were members of diff erent churches and religious communities. They had prepared the workshops with the help of supervisors. The new trainers evaluated the cycles of education on nonviolence as very useful in several respects. The participants pointed out that they have deepened their knowledge and skills about non-violence and nonviolent action. Moreover, they have developed knowledge and skills about the methodology of training. However, the majority of participants pointed out the following as the most important aspect: getting to know mem- bers of other religious communities and churches, mutual exchange of experiences and cooperation through experiential and practical work. All participants of the ToT demonstrated a high level of motivation for coo- peration and development of joint peacebuilding activities. The infl uence of education on nonviolence in these four countries is refl ec- ted in an active engagement of the new trainers in diff erent civil society organisations that work on peacebuilding as well as for the emergence of two new organisations: The Centre for Prevention of Terrorism (Saraje- vo) and The Centre for Peace, Interconfessional Dialogue and Cooperation (KIFA, Skopje). Furthermore, the participants of the training are more open for dialogue and cooperation with representatives of civil society, chur- ches and religious communities and express readiness for active involve- ment in peace work. We have educated new trainers, who are motivated for the further dissemination of knowledge and for continued work with members of diff erent confessions in their community. Also, strong bonds have been established among associations from South East Europe that want to work on peacebuilding through promotion and development of interreligious cooperation. Izdali smo publikacije o nenasilju We issued two publications on nonviolence We translated and published the book Jesus and Nonviolence: A Third Way by Walter Wink from English to Croatian (1000 copies). The book is very encouraging for all those who deliberate about the value of nonvi- olence as an eff ective and creative way of resolving confl icts, about rela- tionships and power at the personal and social level. The book was also translated into Macedonian and we are expecting the publication to be issued soon for readers in Macedonia. We completed a manual A Tool on the Path of Nonviolence12, which was edited by Snježana Kovačević (The Centre for Peace, Osijek) and Ana Raf- fai (RAND, Zagreb). It was developed through joint eff orts of new trainers – members of churches, religious communities, and civil society organi- sations – and the project team. The manual will also be translated into Macedonian.
12 The manual A Tool on the We participated as partners in the organisation of the Kristfest – The Ecumeni- Path of Nonviolence has been cal Festival of Christian Culture. This initiative was jointly implemented by local published and can be found churches for the purpose of contributing to the development of the culture of in the Centre for Peace
72 Culture of Nonviolence
dialogue and civil society development. The Centre for Peace contributed to the realisation of the festival through the following activities: promotion of the book Jesus and Nonviolence; workshop on nonviolence for citizens / members of dif- ferent Christian churches; theological forum titled The Prospects of Christianity in United Europe, which gathered around 50 citizens, mostly theologians and peace activists; interreligious prayer meeting for peace in the world gathered around 40 citizens and representatives of religious communities (Roman Catholic, Baptist and Evangelical-Pentecostal Church).
The Centre for Peace, Interconfessional Dialogue and Cooperation Skopje, Macedonia As a result of participation in the project, a new organisation – KIFA - the Centre for Peace, Interconfessional Dialogue and Cooperation, was established in Skopje, Ma- cedonia. Although at the beginning of our cooperation, the team in Macedonia, as well as the teams in other countries, had been full of mistrust towards us as a se- cular non-governmental organisation, after the basic training on nonviolence the attitudes changed as well as the understanding of the application of nonviolence, and the prejudices against the Centre for Peace were reduced. The organisation KIFA was established with the purpose of connecting all believers in Macedonia. It was founded by the members of the Macedonian Orthodox Chur- ch and the Evangelical Church. At the very beginning of their work, and with conti- nuous support from our team, they developed a vision, mission and programme of work for their newly launched organisation. They have established contacts with non-governmental organisations in Macedonia. They have started creating the- ir own programme on the application of nonviolence, trying to meet the specifi c needs of their community. They are wiling to further their knowledge and skills and to be more engaged in the promotion of nonviolence and peacebuilding. One of the leaders of a religious community in Macedonia, who participated in the training on non-violence, states: “I must honestly confess that I don’t remember when was the last time I had such a strong spiritual experience, as the one I had at the training on nonviolence. The team was also great. I think and feel that we can do a lot of good things with this project in the territories of our brutal Balkans. (excerpt from the evaluation of the ToT) Furthermore, this participant points out that he has changed his attitude not only towards other religious communities, but also towards non-governmental organi- sations. Now, his view of nonviolence is diff erent and he is more ready for coopera- tion. He wants to transfer what he has learnt about nonviolence to the members of his church and to those of other churches and religious communities. Speaking from his own experience, he considers the infl uence of the people in a position of authority in society and/or in church to be crucial for cultivating community among believers and reducing prejudices against other churches, religious com- munities and non-governmental organisations.
73 Community Development
COMMUNITY DEVELOPMENT “In order to ‘develop a community’, you must do things that give people the sense of belonging, that they are truly connected, that they can trust each other and that they can lean on each other. You must do things that help people to feel compe- tent, to feel that their opinion matters and that they can infl uence a positive chan- ge in their lives and in those of the people in their environment.” Herb Walters The development of strong, local citizens’ initiatives13 and community organisations is a long-term process that requires a lot of investment and support from people. Our work in communities started from the following assumptions: citizens of a community are the ones that can gain or lose the most, depen- ding on whether the eff orts invested in community development / revitalisa- tion will be successful or not citizens of a community are best acquainted with the problems people in their community most often face citizens know best which kind of activities are useful, and which are destructive The development of diff erent knowledge and skills is an important aspect in the development of initiatives, groups or organisations, and individuals. However, the persons that have not had the opportunity to learn skills required for strengthe- ning community need support. If the support is off ered in a way that does not exclude respect, believing that the persons who are off ered help do not lack capa- bilities, but only certain skills, then the support can be good and eff ective.
Volunteers in Peacebuilding and Community Development After the peaceful reintegration of the occupied territories of the Republic of Cro- atia, the need for establishing various initiatives emerged, which would work on connecting and reconciling people and which would use their own power and capacities to infl uence everything that was going on around them. Back in 1998, we started our activities directed towards these needs in the war-aff ected areas of Eastern Slavonia and Baranja. These activities are a forerunner of our current community activities.14
13 A ‘citizens’ initiative’ is an or- The main aim of the project Volunteers in Peacebuilding and Community Develo- ganised group of local pe- pment 3 (2004 – 2007) is the development of sustainable structures, whose role is ople (inhabitants) who join to launch initiatives and support active and responsible participation of citizens in together in order to clearly express their problems that the development of their communities. are infl uencing their life in the community and to take During 2005 and 2006, the work on community development included: leadership in resolving these motivating and strengthening volunteers for starting initiatives important problems to the community 14 More about achievements on development of new knowledge and skills as a precondition for the deve- http://www.centar-za-mir.hr/ engprogram_izgradnja.php lopment of an effi cient group or organisation
74 Community Development