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Study Regarding the State of Rights of Refugees from the Republic of Croatia 1 Study regarding the State of rightS of refugeeS from the republic of croatia 1 STUDY REGARDING THE STATE OF RIGHTS OF REFUGEES FROM THE REPUBLIC OF CROATIA This publication was made through the project: „Mainstreaming human rights in areas of special state concern in Croatia“ Contract No.: 2009-0101-050204 (IPA 2009 Building Capacities of the CSOs for Monitoring and Advocacy in the field of Democratization, Human Rights, Minority Integration and Sustainable Refugee Return in the Areas of Special State Concern) This project is financed by the European Union. The contents of this handbook are the sole responsibility of Centre for Peace Studies and YUCOM and can in no way be taken to reflect the views of the European Union GOVERNMENT OF THE REPUBLIC OF CROATIA Office for Co-operation with NGOs This project is co-financed by the Croatian Government Office for Cooperation with NGOs. The views expressed in this publication do not necessarily reflect the position of the Croatian Government Office for Cooperation with NGOs Publishers Lawyers’ Committee for Human Rights - YUCOM Center for Peace Studies - CMS Svetogorska 17, 11000 Beograd Selska cesta 112a, 10000 Zagreb Tel: 011/3344235 Tel: +385 1 482 00 94 Fax: 011/3344425 Fax: +385 1 482 00 94 E-mail: [email protected] E-mail: [email protected] Web site: www.yucom.org.rs Web site: www.cms.hr For publishers Milan Antonijević Mirjana Mikić Zeitoun Editing Milan Antonijević KristinaTubić Mirjana Mikić Zeitoun SeConS – Development Initiative Group Proofreading Ljiljana Korica Translation Tatjana Simic Marwan Zeitoun Design and layout BENUSSI Design Preparation and printing Kerschoffset Zagreb ISBN 978-953-7729-21-9 A CIP catalogue record for this book is available in the Online Catalogue of the National and University Library in Zagreb as 865965. Circulation 200 copies Zagreb, 2013 CONTENTS ABOUT THE PROJECT ........................................................................................................................ 6 INTRODUCTION .................................................................................................................................. 8 REFUGEES BY NUMBERS ................................................................................................................ 12 LEGAL FRAMEWORK FOR PROTECTION OF THE RIGHTS OF REFUGEES................................... 16 1.1. International legal framework ............................................................................................. 17 1.2. National legal framework ..................................................................................................19 ATTITUDES TOWARDS RETURN – QUANTITATIVE RESEARCH FINDINGS ................................. 22 INTODUCTION ............................................................................................................................. 23 Methodology ................................................................................................................................ 23 The Importance of Property in Croatia ....................................................................................... 24 Life in Serbia ................................................................................................................................ 27 Life in Croatia .............................................................................................................................. 29 Return to Croatia ......................................................................................................................... 30 Obstacles for Returning .............................................................................................................. 32 Fear of Discrimination ................................................................................................................. 32 Safety ........................................................................................................................................... 32 Employment ................................................................................................................................. 33 Abandoned Towns and Villages .................................................................................................. 33 National insignia .......................................................................................................................... 34 The refugees’ right to vote in Croatia ......................................................................................... 34 New Residency Law ..................................................................................................................34 CONCLUSION .................................................................................................................................... 38 MIRJANA MIKIĆ ZEITOUN THE WRITTEN-OFF RETURN ........................................................................................................... 42 INTRODUCTION ........................................................................................................................... 43 RESEARCH .................................................................................................................................. 44 What is common and what is different in these focus groups? ..............................................48 LIFE BEFORE LEAVING MY WORLD WAS DIVIDED IN TWO, AND I FOUND MYSELF ON THE OTHER SIDE ..................... 50 THE LEAVING I FELT LIKE GOING BACK ................................................................................................................ 54 LIVING AS REFUGEES DAD, THEY HAVE “GERMA”, BUT THEY WON’T GIVE IT TO US ...................................................... 60 CONTENTS THE RETURN THOSE WHO STAYED, DON’T UNDERSTAND THOSE WHO LEFT, AND VICE VERSA................... 68 CASE STUDY: MY WORLD WAS DIVIDED IN TWO, AND I FOUND MYSELF ON THE OTHER SIDE ...................... 82 CASE STUDY: THOSE WHO STAYED DID NOT UNDERSTAND US WHO LEFT, AND VICE VERSA ..................... 86 N. V. (1986), Karlovac ................................................................................................................... 87 LEAVING FOR THE FIRST TIME .................................................................................................. 87 LEAVING FOR THE SECOND TIME .............................................................................................. 88 LIVING AS REFUGEES ................................................................................................................. 89 THE RETURN .............................................................................................................................90 FINAL CONSIDERATIONS ................................................................................................................ 94 Recommendations for improvement of position of refugees in Republic of Serbia ................. 96 Status issues ............................................................................................................................... 97 Housing issues ............................................................................................................................ 97 Property issues ............................................................................................................................ 99 Right to work ............................................................................................................................. 100 Social protection ........................................................................................................................ 101 Health protection ....................................................................................................................... 102 Education .................................................................................................................................102 BIBLIOGRAPHY ............................................................................................................................... 105 ANNEX ............................................................................................................................................. 106 INTRODUCTION, EXPLANATION OF THE PROJECT AND METHODOLOGY ............................ 107 QUESTIONS FOR GROUP DISCUSSION ..................................................................................108 Study regarding the State of rightS of refugeeS from the republic of croatia 6 ABOUT THE PROJECT Study regarding the State of rightS of refugeeS from the republic of croatia 7 The Lawyers’ Committee for Human Rights YUCOM is a non-governmental organization engaged in promotion of ideas and practice of the human and civil rights and freedoms, dissemination of knowledge on those rights and free- doms, rendering of legal assistance to those whose rights are violated, deve- lopment of cooperation with associations and organizations committed to pro- moting civil, political, human and union freedoms and rights, and organization of other activities focused on implementation of the Committee’s objectives. Starting from February 2012 till July 2013, the Lawyers’ Committee for Hu- man Rights – YUCOM has worked as a partner of the Center for Peace Studies from the Republic of Croatia, on implementation of the project called Empha- sizing Human Rights in the Areas of Special State Concern with financial support from the European Union Delegation. We organized activities in four major
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