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Minority Rights Croatia

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Minority Rights Croatia JANUARY - JUNE 2003 33 Minority Rights 1n• Croatia Daria Kuntic" Original paper UDC 323.15(497.5) Received in May 2003 The aim of this paper is to present and to explain the level of protection of minority rights in the Republic of Croatia. As Croatia inherited from the former Socialist Federative Republic of Yugoslavia the system of the protection of rights of the minorities immediately after gaining independence, it provided a model of the realisation of minority rights. That model guaranteed minorities the right for education in their own language, the right to the official use of their language and alphabet, the right to publishing in their mother tongue, acess to the media, protection of cultural treasures and their entire cultural heritage, various venues of preservation of ethnic, language and religious identity and the representation of minority interests. Key words: Republic of Croatia, minorities, minority rights, democratic principles 1. Introduction agreements related to the protection of human and minority rights such as the European Convention on By its Constitution, the Republic of Croatia Human Rights, the European Charter of Local Self- bounds itself to protection of the minorities from any government,Charter on Regional and Minority Lan- discrimination. They have the right to identity and guages, the Framework Convention for the Protec- participation in public affairs. Members of ethnic and tion of National Minorities, the Treaty on the Pro- national communities or minorities whose share in tection of the Italian Minority in the Republic of the total population is higher than 8% have the right Croatia and the Croatian Minority in the Republic for participation, proportional with their share in the of Italy, and many others. entire population, in the Croatian Parliament, the Government of the Republic of Croatia and in the At the end of this introduction it would be bodies of supreme judicial authorities. important to mention that according to the 1991 cen- Members of national minorities exercise their sus in Croatia there were 12,032 Albanians, 214 political rights, like all citizens or nationals in the Austrians, 43,469 Muslims, 458 Bulgarians, 9,724 Republic of Croatia through regular institutions on Montenegrins, 13,068 Czechs, 22,355 Hungarians, the basis of the provisions of the Constitution, Con- 6,280 Macedonians, 2,635 Germans, 679 Poles, stitutional Law, Law on Election of Representatives 6,695 Roma, 810 Romanians, 706 Russians, 5,606 to the Croatian Parliament, Law on Election ofMem- Slovaks, 581,663 Serbs, 21,303 Italians, 320 Turks, bers of Representation Bodies of Units of Self-gov- 2,494 Ukrainians, 22 Vlachs, 600 Jews and 3.012 ernment and Administration and Law on Political other ethnic and national minorities.' Parties. I The Republic of Croatia signed a number of For the sake of comparison, according to the international, bilateral and multilateral, contracts and last census in 2001 in Croatia there were 15,082 Al- banians, 247 Austrians, 20, 755 Muslims, 331 Bul- . Dario Kunti6 is a political scientist working in the Ministry of garians, 4,926 Montenegrins, 10,510 Czechs, 16, 595 European Integration of the Republic of Croatia and holds an Hungarians, 4.270 Macedonians, 2,902 Germans, M.A. in Democratization and Human Rights from the University 576 Poles, 9,463 Roma, 475 Romanians, 906 Rus- of Bologna, Italy 34 CROATIAN INTERNATIONAL RELATIONS REVIEW sians, 2,337 Ruthenians, 2,712 Slavaks, 201,631 which can be the only solution for the protection of Serbs, 19,636 Italians, 300 Turks, 1,977 Ukrainians, minorities if they are not numerous and are dispersed 22 Vlachs and 576 Jews.' in a wider area. Without protection, minorities are condemned to assimilation or extermination. From those two censuses it can bee seen that the number of the Serbs has drastically changed for A state that respects democratic principles or almost 400,000 people. This is the result of the war is founded on them must aspire after protection of and exodus of the Serbs that occurred in 1995 when its minorities. The minority rights have to be equal- Croatian Army liberated territories occupied by the ised with the rights of other citizens who are major- rebel-Serbs. ity by a system of legal norms that help minority It is not easy to define a minority. Experts are members to express, keep and develop their iden- trying to give the right answer considering all politi- tity. Realisation of their freedoms and rights is an cal, cultural, historical and sociological terms but a important measure and a test of democratization of definition that could be generally acceptable does modern society. As a conclusion it should be said not exist. Minority can be defined as any group in- that minorities must be respected and protected be- side a society connected by at least one mutual cause their protection is an important factor of peace, charateristic, which can be marked as particularity stability, democracy and justice. of that group. It can also be defined according to: The history of Europe is marked by a large demographic characteristics, beliefs or thinking, number of conflicts and wars during centuries. It is physical look, religion, social or cultural and ethnic not necessary to go to the time of the Roman Empire or national origin". The used in this article refers to or Middle Ages, it is enough to look at the past hun- minority groups who due to political, historical or dred years. Wars led with the aim of territorial con- any other reason found themselves on the territory quest forever changed the geopolitical picture of of a specific state where they are in minority in rela- Europe.People were moving from country to coun- tion to majority population. try without their free will. Some of the reasons were One of the most complete definitions, but still fear for their life, forced deportations, like those in not appropriate for all situations, is the definition of the World War II, etc. The disintegration of big em- the Vice-Commission for the Prevention of Disc rim i- pires like the Ottoman or the Austro-Hungarian nation of the Minorities of the UN, which considers caused the situation in which peoples found them- minority as: "a group that is small in number in rela- selves in newly created countries, like, for example, tion to the population of a state and that is in a non- Czechs in Austria or Hungarians in Croatia. dominate position, whose members, citizens of that state, have from ethnic, religious or linguistic point Croatian minorities emerged, on the one hand, of view, characteristics which are in disparity with due to the attack of Turks from the East who con- other population and express in a particular way sense quered the eastern part of Croatia, and because of solidarity with the aim to protect their culture, Croatia was a part of the Austro-Hungarian Empire tradition, religion and language".' on the other. The minorities in Dalmatia and Istria The protection of the minorities stands for appeared because they were under Venice and later rights by which the members of minorities are pro- Italy in a certain period of their history. When the tected from non-equality and discrimination. It also Ottoman Empire conquered eastern parts of the Bal- a set of measures undertaken by the state to ensure kans many people escaped from their homes and the quality living conditions for a minority commu- found shelter in free parts of Croatia where they re- nity. 6 mained. Most of them were Serbs who settled near the borders with the Ottoman Empire while the oth- 2. Two Kinds of Minorities ers who came in small number were Macedonians and Montenegrins. However, they were not treated Minorities can be protected by mechanisms as minority until the disintegration of Yugoslavia in like territorial, personal and cultural autonomy. Ter- 1991. The collapse of the Austro-Hungarian Empire ritorial autonomy can be given to a minority if it is at the end of the World War I, caused the emergence concentrated within a territory where the number of of minorities in a different way.All people who, due its members is bigger than the number of other na- to various reasons, came to Croatia after the disinte- tionals. If minorities are dispersed in a wider area, gration from other parts of the Austro-Hungarian their protection can be organized through personal Empire, found themselves, in a new country. They autonomy or proportional participation in the bod- could stay or go to their mother countries which ies of authority. The third way is cultural autonomy meant that they would have to leave their homes and JANUARY- JUNE 2003 35 land. Some of them left and those who stayed be- 1991 on, Montenegrins, Macedonians, Serbs, Mus- came minorities. In the first place these were Hun- lims and Slovenes, together with Hungarians, Ital- garians, then Czechs, Slovaks and others. As was ians, Czechs, Ruthenians and Ukrainians 11 together mentioned earlier, Dalmatia and Istria were in cer- with other minorities who lived in Croatia, became tain periods under Venice and what is most impor- national minorities. The Republic of Croatia defined tant under Italy. After the World War I, in 1919 in the rights of "new minorities" taking the experience Saint-Germain, France, the agreement was signed concerning the rights of "old minorities" as its start- with the member states of the Antanta according to ing point; the issue of the definition of the Croatian which the entire Istria was given to Italy as a reward Serbs' status and their freedoms and rights escalated for being part of the Antanta that won in the war.
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