Center for Peace, Legal Advice and Psychosocial Assistance SHADOW REPORT ON THE IMPLEMENTATION OF THE FRAMEWORK CONVENTION FOR PROTECTION OF NATIONAL MINORITIES IN THE REPUBLIC OF CROATIA Third monitoring cycle 2004 – 2010 February 2010 0 CONTENT I Information on the Center for Peace, Legal Advice and Psychosocial Assistance 2 II Introductory Remarks on the Shadow Report 3 III Application of the Convention Article by Article 6 Article 3 6 Article 4 8 Article 5 15 Article 6 16 Article 7 19 Article 8 19 Article 9 20 Articles 10 and 11 23 Articles 12, 13 and 14 28 Article 15 30 Article 16 39 IV Action Plan of the Republic of Croatia for the Implementation of the Constitutional Law on the Rights of National Minorities, June 2008 40 V Concluding Remarks and Recommendations 42 1 I Information on the Center for Peace, Legal Advice and Psychosocial Assistance – Vukovar Center for Peace, Legal Advice and Psychosocial Assistance is local, nongovernmental, non-political, non-partisan, nonprofit, humanitarian association that works on protection and promotion of human rights, development of democracy and interethnic relations in the Republic of Croatia. The Center was established on and works since 1 August 1996. Main activities of the Center: - Provision of free legal advices and free legal aid, - Reporting on and analyzing human rights situation, with special attention paid to the rights of refugees, displaced persons and persons belonging to national minorities in the Republic of Croatia, - Provision of informative and technical support to citizens, civil initiatives and economy development initiatives, - Campaigning and advocacy, - Monitoring of the work of courts of law and state administration bodies, - Organization of conferences, seminars, trainings, workshops, roundtables and public discussions, - Cooperation with relevant governmental and nongovernmental organizations in the Republic of Croatia as well as foreign and international nongovernmental organizations, and international organizations. Beneficiaries of the Center’s services are all citizens regardless of their gender, culture, mental or physical abilities, ethnicity or religion, etc. The Center is a founder and the member of the Coalition for Promotion and Protection of Human Rights in the Republic of Croatia. Contact details: Center for Peace, Legal Advice and Psychosocial Assistance Address: Fra.Antuna Tomaševi ća 32, 32 000 Vukovar, Republic of Croatia Phone: +385 (0)32 413 319; +385 (0)32 413 317 Fax: +385 (0)32 413 319; +385 (0)32 413 317 E-mail: [email protected] Web: www.center4peace.org Contact person: Ankica Miki ć, the President 2 II Introductory Remarks on the Shadow Report The Government of the Republic of Croatia produced their 3 rd Report on the implementation of the Framework Convention for Protection of National Minorities in June 2009. The Report was produced within the 3 rd cycle of monitoring of the implementation of the Framework Convention in the Republic of Croatia. The Government submitted their report to the Secretary General, that is, the Committee of Ministers of the Council of Europe in accordance with the obligation set by the Article 25 of the Convention. In July 2004, within the 2 nd monitoring cycle, the Center for Peace – Vukovar in cooperation with the Community of Serbs – Rijeka produced the Shadow Report on the implementation of the Framework Convention in the Republic of Croatia for the period 1999 – 2004. This Shadow Report, covering the period 2004 – 2010, the Center for Peace produced within the 3 rd cycle of monitoring of the implementation of the Framework Convention in the Republic of Croatia. The Report is a compilation of information collected from alternative, nongovernmental sources relevant for monitoring the implementation of the Framework Convention. However, the Report also points at particular information from relevant documents of the Government of the Republic of Croatia. This Shadow Report is not a comprehensive source of information on the situation of persons belonging to national minorities. It does not elaborate on all information significant to each national minority in the Republic of Croatia. The Report does not contain, that is, does not repeat relevant information and details included in the Report of the Government of the Republic of Croatia. That is why this Shadow Report should be considered along with the 3 rd Report on the implementation of the Framework Convention for Protection of National Minorities. The Shadow Report is mostly focused on examination of issues that, according to the opinion and findings of the Center, deserve more attention. Initial preparations for the production of this report started in 2005. During this reporting period, the Center for Peace, continuously, through relevant projects, programs, public discussions, situation analysis and production of publications, collected relevant information and communicated with representatives of different national minorities in the Republic of 3 Croatia. Details on the activities of the Center for Peace in period 2005 – 2010 are available at: www.center4peace.org Structure of the Shadow Report, that is, the order of the information presented, are generally following the structure of the content and the order of information of the 2 nd Opinion on Croatia accepted by the Advisory Committee for Framework Convention on 1 October 2004. The Center for Peace is grateful to all organizations and individuals who contributed to better review of the situation of the rights of persons belonging to national minorities and production of this report by answering to and participating in the implementation of the Center’s activities. The Center gratefully acknowledges the contribution of following individuals and organizations who sent their written responses used for the production of this Shadow Report: Darinka Janjanin, member of the Council of Serb National Minority of the City of Rijeka; Coordination of Councils and Representatives of Czech National Minority in the Republic of Croatia; Coalition for Promotion and Protection of Human Rights; Miladin Jakovljevic, member of the Council of Serb National Minority of the City of Pakrac and Pozesko-Slavonian County; Center for Support and Development of Civil Society ,,Delfin'' from Pakrac; and Joint Council of Municipalities – Vukovar. In its report, in relation to specific issues and situation of persons belonging to Roma national minority, the Center suggests to review the Shadow Report produced by representatives of Roma associations and Center for Implementation of European Union Integration that has been produced within the 3 rd cycle of monitoring of the implementation of the Framework Convention in the Republic of Croatia. Namely, in the end of 2009 and the beginning of 2010, within a project, the Center maintained regular contacts and cooperated with number of Roma associations’ representatives and was familiar with their activities on the production of special alternative report. This report was produced within regional partnership program “Enhancement of the inclusion of vulnerable groups in Southeast Europe: Minority Rights Advocacy in Processes of European Union Integration”. The program is financed by UK DIFID and implemented by Minority Rights Group International, London, Great Britain, in cooperation with their local partners from Bosnia and Herzegovina, Croatia, Macedonia, Montenegro, Serbia, and Kosovo. 4 Content of this Shadow Report does not necessarily and in every detail present the collective view of all who contributed to its production. 5 III Application of the Convention Article by Article Article 3 1. Every person belonging to a national minority shall have the right freely to choose to be treated or not to be treated as such and no disadvantage shall result from this choice or from the exercise of the rights which are connected to that choice. 2. Persons belonging to national minorities may exercise the rights and enjoy the freedoms flowing from the principles enshrined in the present framework Convention individually as well as in community with others. (1.) Preamble of the Constitution of the Republic of Croatia explicitly lists 10 national minorities (while further minorities come under “the others” category) has not been changed during the reporting period. However, the intention has been announced to re-include Bosniaks (at the time listed as Muslims)1 and Slovenians, the two minorities that were explicitly listed in the Preamble of the 1990 2 Constitution and were deleted from that list later, within constitutional changes planned to be introduced in 2010. Suggestions and initiatives to include Roma in the Preamble of the Constitution are coming from certain political circles and representatives of Roma associations. 3 Although perhaps these changes might be of just symbolic nature, they could positively affect additional identity affirmation of the persons belonging to the above national minorities in the Republic of Croatia. (2.) Exercise of the rights guaranteed by the Constitutional Law on the Rights of National Minorities does not refer to the persons who are not Croatian citizens. At the same time, certain number of Serbs, Roma and Bosniaks, a longtime residents of the Republic of Croatia, has difficulties in exercising rights to Croatian citizenship thus the exercise of economic, social and political rights guaranteed to Croatian citizens. These persons are discriminated in comparison to non-citizens of Croatian origins in relation to the acquirement of