report Minorities in Croatia Acknowledgements Minority Rights Group International Minority Rights Group International (MRG) gratefully Minority Rights Group International (MRG) is a non- acknowledges the support of all organizations and governmental organization (NGO) working to secure the individuals who gave financial and other assistance for this rights of ethnic, religious and linguistic minorities and report, including the C.S. Mott Foundation, the Department indigenous peoples worldwide, and to promote cooperation for International Development and the European Commission. and understanding between communities. Our activities are This report is one of the activities of phase 1 of the South- focused on international advocacy, training, publishing and East Europe Diversity and Democracy Programme. outreach. We are guided by the needs expressed by our Programme Coordinators: Magdalena Syposz and Catherine worldwide partner network of organizations which represent Woollard. Report Editor: Katrina Payne. minority and indigenous peoples. The early sections of this Report were drafted by Sinisa MRG works with over 130 organizations in nearly 60 Tatalovic. MRG thanks Ljubomir Mikic for additional help and countries. Our governing Council, which meets twice a year, advice. has members from 10 different countries. MRG has consultative status with the United Nations Economic and Social Council (ECOSOC), and observer status with the African Commission for Human and Peoples’ Rights. MRG is registered as a charity and a company limited by guarantee under English law. Registered charity no. 282305, limited company no. 1544957. © Minority Rights Group International 2003 All rights reserved Material from this publication may be reproduced for teaching or for other non-commercial purposes. No part of it may be reproduced in any form for commercial purposes without the prior express permission of the copyright holders. For further information please contact MRG. A CIP catalogue record for this publication is available from the British Library. ISBN 1 904584 10 1 Published September 2003. Typeset by Kavita Graphics. Printed in the UK on recycled paper. Cover Photo Serb man in Knin area of Croatia. Nikola Solic/Reuters. Minorities in Croatia is published by MRG as a contribution to public understanding of the issue which forms its subject. The text does not necessarily represent in every detail and in all its aspects, the collective view of MRG. Minorities in Croatia Contents Preface 2 Map 3 Introduction 4 Historical overview 6 Republic of Croatia: the first decade 1990–9 9 Demography of minorities 12 Rule of law 16 Political rights of minorities 19 Employment of minorities 23 Linguistic rights of minorities 24 Education rights of minorities 25 Religious rights 27 Tolerance 28 Returning refugees and displaced persons 31 Conclusions 34 Recommendations 36 Relevant international instruments 37 Notes 38 Preface This report is published at a time when, after a decade of ridden with misunderstandings. This cooperation, never- war, authoritarianism and repression, South-East Europe theless, is essential to Croatia’s progress in European continues to face uncertainty and instability. It comes in integration. the wake of the assassination of Serbian Prime Minister In the area of minority rights, Croatia has recently Zoran Dindic, a leader widely commended for his dedica- adopted the Constitutional Law on the Rights of National tion to reform and dialogue with the international Minorities (CLNM). It has come to regulate the rights of community. While Slovenia has just voted overwhelming- minorities, and minorities’ situations have changed signifi- ly in support of joining the European Union (EU), the cantly. The sharp decrease in the number of persons remaining countries of the former Yugoslavia have yet to belonging to minorities is a direct outcome of the 1991–5 face the arduous road of European integration based on a war and of the post-war period. Minorities have not felt functioning market economy; adherence to the aims of encouraged to return due to a precarious economy, soci- political, economic and monetary union; and, perhaps etal discrimination, and legal and administrative obstacles. most importantly in the light of the disastrous events The CLNM was adopted after much quibbling and, which have marked the past decade, strong institutions although it has failed to incorporate all of the recommen- guaranteeing democracy, the rule of law, human rights dations by the Council of Europe (CoE)’s Venice and respect for and the protection of minorities. Commission on constitutional matters, its wording has The way in which Serbia and Montenegro will tackle been commended by Croatia’s national minorities and the its structural problems will be crucial for the future of the international community. It remains to be seen, however, country and the region. Similarly, Croatia has been at a whether the law will be applied with wisdom and political crossroads ever since the change of government in January maturity. 2000. Both countries play a major role in regional stabili- Much work lies ahead in securing minority rights and ty, yet their record on minority rights is poor. Although inter-ethnic reconciliation: Croatia remains hugely scarred the electoral victory of the democratic coalition in Croatia by the war. A poll on inter-ethnic tolerance in Croatia was widely applauded, both within the country and inter- conducted in autumn 2002 revealed that one in four nationally, critics of Prime Minister Ivica Racan’s Croats would expel ethnic Serbs from Croatia.1 Discrimi- government argue that it has been largely unable, and at nation against minorities – Serbs and Roma in particular times even unwilling, to tackle the legacies of the decade – is still widespread, and the sustainable return of Serb of Tudjman’s rule. refugees and displaced persons is problematic. The ailing On 21 February 2003, the Government of the Repub- Croatian judiciary has failed to provide support and lic of Croatia submitted its application for membership of opportunities for redress. the EU. After years of isolation because of Croatia’s This report describes the position of national minori- undemocratic practices and role in the war in Bosnia and ties in Croatia, focusing on the most vulnerable ones – Herzegovina, this is a welcome development. It has come, Roma and Serbs. It is a part of MRG’s decades-long com- however, on the eve of new parliamentary elections, due mitment to promoting minority rights in South-East by autumn 2004, and the outcome is far from certain. Europe, as evidenced by MRG’s wide-ranging activities The rise of right-wing extremism has been steady in Croa- and publications in this region. It is hoped that this tia and enjoys visible public support. The government’s report will contribute to public dialogue in Croatia, both relationship with the International Criminal Tribunal for between the majority and minorities, and between gov- the former Yugoslavia (ICTY) in The Hague, moreover, ernment and civil society. These dialogues are much has been characterized by a lack of commitment and is needed in Croatia as it moves on its path towards the EU. Mark Lattimer Director September 2003 2 MINORITIES IN CROATIA MINORITIES IN CROATIA 3 Introduction Inter-ethnic tensions, related armed conflicts and the conse- the Serbs, Slovenes and Croats; the Kingdom of quent suffering have marked the recent historic develop- Yugoslavia; the Independent State of Croatia (often ments of South-East Europe. Despite the millions of vic- known as the ‘Ustasa’ state); the Federal Republic of tims and the massive destruction in the region, many of Yugoslavia (FRY) and the Republic of Croatia. Today, the these inter-ethnic conflicts have not been fully resolved, Croatian government is attempting to redress the ethnic and continue to threaten Europe’s peace and stability. discrimination, and sometimes ethnic hatred, propagated This report has been written to review the situation of during Tudjman’s presidency (1990–9). ethnic minorities in Croatia. It explores the history of the In 2001 Croatia had a recorded population of 4.4 mil- area, which is often contested, the development of inter- lion, with a land mass of 56,540 sq. km. In the 1991 ethnic relations and the current issues facing minorities in census, many Croatian citizens declared themselves to be Croatia. The legacy of the war for Croatian independence members of 23 nationalities, 22 of which enjoy the legal (1991–5), the inter-ethnic fighting and the systemic eth- status of national minorities. nic discrimination will present major challenges for years Croatian, Serbian and Hungarian are the most widely to come. Public attitudes between ethnic Croats and eth- used languages. In 1990 Croatian, with its Latin script, nic Serbs remain largely polarized. The report explores the and Serbian, with its Cyrillic script, were sufficiently simi- situation facing the new government following the death lar to be called Serbo-Croatian. However, with the of President Tudjman in 1999, the changes the govern- outbreak of the 1991 war, Croatian was given its specific ment has made and some of the key outstanding issues. identity as a language. The report offers a critique of the situation of national In the 2001 census the main minority groups, with minorities. It draws on a range of reports, including those populations of over 1,000, were registered as: Serbs 4.5 of the Organization for Security and Cooperation in per cent, Bosniaks 0.47 per cent, Italians 0.4 per cent, Europe (OSCE) Mission in Croatia, the Opinion of the Hungarians 0.37 per cent, Albanians 0.3 per cent, Council of Europe (CoE)’s Advisory Committee on Slovenes 0.3 per cent, Czechs 0.24 per cent, Roma 0.21 National Minorities, the International Crisis Group per cent, Macedonians 0.1 per cent, Montenegrins 0.1 (ICG), as well as other governmental and non-govern- per cent, Germans 0.07 per cent, Ruthenians 0.05 per mental sources. cent and Ukrainians 0.04 per cent 2 (see Table 1).