UNITED NATIONS CCPR International covenant Distr. on civil and GENERAL political rights CCPR/C/HRV/99/1 7 March 2000 Original: ENGLISH HUMAN RIGHTS COMMITTEE CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT Addendum CROATIA* [19 November 1999] * This report is issued without editing, in compliance with the wish expressed by the Human Rights Committee at its sixty-sixth session in July 1999. GE.00-40975 (E) CCPR/C/HRV/99/1 page 2 INITIAL REPORT OF THE REPUBLIC OF CROATIA ON THE IMPLEMENTATION OF INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS I. GENERAL INFORMATION 1. In accordance with Article 40, Paragraph 1 of the International Covenant on Civil and Political Rights of December 16, 1966, the Republic of Croatia is submitting its Initial Report on the implementation of the said Covenant. 2. The Initial Report contains the overview of the measures that have been adopted, which give effect to the rights recognized by the Covenant. For a more detailed report on the political structure and basic legal system of the Republic of Croatia we are referring to the Basic Document of the Republic of Croatia (HRI/CORE/I/Add.32). II. IMPLEMENTATION OF THE COVENANT BY ARTICLES ARTICLE 1 3. Upon the holding of the first multi-party elections in the Republic of Croatia of April 22, 1990, the Republic of Croatia started the process of transformation of its political system towards the realization of a system of parliamentary democracy and market economy. At the same time, together with some other republics within the former Socialist Federal Republic of Yugoslavia, the Republic of Croatia requested from the federal bodies the establishment of more equal relations within the federation at the time. 4. After the unsuccessful termination of negotiations between the presidents of the former Yugoslav republics on future organization of the federation or a confederation at the meeting in Ohrid held on April 19, 1991, it was decided that a referendum on remaining within the federation was to be held in each of the republics. The referendum in the Republic of Croatia was held in May 1991, and 94% of voters opted for independence and sovereignty of the Republic of Croatia. Accordingly, the Croatian National Parliament, exercising the right to self determination contained in the 1974 Constitution of the Socialist Federal Republic of Yugoslavia, enacted the Constitutional Decision on the Sovereignty and Independence of the Republic of Croatia (“Narodne novine”, hereinafter: “NN”) /Official Gazette/ 31/91) on June 25, 1991 by which the Republic of Croatia severed all legal ties with the Socialist Federal Republic of Yugoslavia. 5. Due to the aggression against the Republic of Croatia and spreading of the armed conflict on the territory of former Yugoslavia, the European Community organized negotiations aimed at the preservation of peace in this part of Europe. At the meeting held on August 27, 1991 in CCPR/C/HRV/99/1 page 3 Brussels, a moratorium regarding the Decision on Independence was agreed for the period of three months, as well as the organization of International Conference on Former Yugoslavia sponsored by the United Nations and European Community. 6. The mentioned negotiations were unsuccessful, and accordingly, upon the lapse of three months, the Constitutional Decision on Independence and Sovereignty of the Republic of Croatia took effect on October 8, 1991, and from that date the Republic of Croatia exists as an independent state. 7. The Constitution of the Republic of Croatia guarantees the realization of the right to self- determination in the economic sphere and prescribes that Croatian National Parliament and the people decide directly and independently • on the regulation of economic, legal and political relations in the Republic of Croatia, and • on the preservation of natural and cultural wealth and its utilization (Article 2, Paragraph 4 of the Constitution of the Republic of Croatia). 8. This constitutionally guaranteed right is regulated in more detail in the Law on Concessions (NN 89/92) and in the Law on Mining Industry (NN 35/95). The Law on Concessions regulates the institute of concession for the research and exploitation of mineral raw materials. It sets, at the same time, a time limit for granting of such concession and limits it by the principle of mutual benefit, and by the provision of appropriate assurances for the realization of economic purpose of concession in accordance with the interests of the Republic of Croatia (Article 1, Paragraph 1 of the Law). The House of Representatives of the Croatian National Parliament establishes the said public interest for granting of concession for economic exploitation of natural wealth. The mentioned legislation of the Republic of Croatia ensures the exercise of the right of people to free disposal of natural wealth, as well as prohibition of the deprivation of people of their own means for life, in accordance with the UN General Assembly Resolution of 1962 ”Lasting Sovereignty Over Natural Resources”. 9. In the period from 1991 to 1995, free use of natural resources of the Republic of Croatia was made impossible on temporarily occupied territories, because of the aggression against the Republic of Croatia and the occupation of almost one fourth of its territory. Out of the total of 2,075 MW installed in hydropower plants, the Croatian electric-power industry was unable to use 561.5 MW, which were occupied and seriously damaged. Equally, in the period from 1992 to 1996, the Republic of Croatia was unable to use approximately 600,000 tons of raw oil from the oil-fields Đeletovci, Privlaka and Ilača on the territory of Croatian Danubian Region. 10. Croatian legislation provides for the realization of the internal dimension of the right to self-determination by setting an obligation to hold elections (Article 1, Paragraph 2 of the Constitution of the Republic of Croatia) as well as through the exercise of active and passive electoral right of an individual (Article 45 of the Constitution). The Constitution guarantees to the members of minorities freedom to express their nationality, freedom to use their language and script and cultural autonomy (Article 15 of the Constitution), while the Constitutional Law on Human Right and Rights of Ethnic and National Communities or Minorities guarantees a larger number of specific minority rights including the right to education in minority languages, CCPR/C/HRV/99/1 page 4 to public and private use of minority languages and scripts, access to the media, participation of members of minorities in public life, special representation of members of minorities in Croatian National Parliament, etc. (Articles 1-21 of the Constitutional Law). ARTICLE 2 11. The prohibition of discrimination on any grounds is regulated in the Constitution of the Republic of Croatia, namely in Articles 14, 15 and 26, as well as in Article 2 of the Constitutional Law on Human Rights and on the Rights of Ethnic and National Communities or Minorities. 12. Article 14 of the Constitution of the Republic of Croatia reads as follows: “Every person and citizen of the Republic of Croatia shall enjoy all rights and freedoms, regardless of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, education, social status or other properties.” 13. Article 14, Paragraph 2 of the Constitution of the Republic of Croatia reads as follows: “All shall be equal before the law”. 14. Article 15 of the Constitution emphasizes equality of members of all national minorities, and reads as follows: “Members of all national minorities shall have equal rights in the Republic of Croatia. Members of all national minorities shall be guaranteed freedom to express their nationality, freedom to use their language and script, and cultural autonomy.” 15. Article 6 of the Constitutional Law additionally prescribes full respect of the principle of non-discrimination regarding members of all national minorities. 16. A more detailed report on minorities in the Republic of Croatia follows Article 27 of the Covenant. 17. Article 26 of the Constitution: “All citizens and aliens shall be equal before courts and other state bodies and other bodies vested with public powers”. 18. One of the basic Constitutional principles is expressed in Article 3 of the Constitution of the Republic of Croatia: freedom, equal rights, national equality, love of peace, social justice, respect for human rights, inviolability of ownership, conservation of nature and the human environment, the rule of law and a democratic multiparty system are the highest values of the constitutional order of the Republic of Croatia. CCPR/C/HRV/99/1 page 5 19. For several years the Government of Republic of Croatia has been implementing series of measures and actions in the promotion and protection of human rights. 20. On the occasion of the celebration of 50th Anniversary of the adoption of General Declaration on Human Rights, round tables dedicated to the theme of the General Declaration on Human Rights were held at the Law School of the University of Zagreb, in the Institute of Social Sciences, as well as in the Old Townhall in November and December 1998. 21. On this occasion a poster with the text of the Declaration on Human Rights was made and sent to all schools in Republic of Croatia and to all county offices. 22. A conference on the significance of local and non-governmental organizations in the promotion of human rights was held in the European Home in Zagreb between May 11 and 12, 1998. It was organized by the Ministry of Foreign Affairs and a non-governmental organization, the Center for Direct Protection of Human Rights. 23. The Government of Republic of Croatia established a Commission for the Issues of Equality that has issued a publication “ The Beijing Platform and National Policy – action for the Promotion of Equality”.