Državni tajnik Andrej Plenković predstavio je Izviješće Republike Hrvatske po univerzalnom periodičnom pregledu stanja ljudskih prava pred Vijećem za ljudska prava UN-a

Statement by

H.E. Mr. Andrej Plenković
State Secretary for European Integration
Ministry of Foreign Affairs and European Integration of the Republic of Croatia

Ninth Session of the Working Group on the Universal Periodic Review

Presentation of the first national report of the Republic of Croatia
Opening Statement

Monsieur le Président,

C’est un honneur pour moi de m’adresser aujourd’hui au Conseil des droits de l’homme, le principal organe des Nations unies en charge des questions relatives aux droits de l’homme, dans le cadre du dialogue interactif de l’Examen périodique universel. C’est aussi une grande satisfaction que d’avoir l’occasion de discuter avec vous du rapport EPU sur la Croatie, au nom de la délégation croate, composée des représentants des différents ministères de tutelle et des organismes gouvernementaux qui ont été activement impliqués dans le processus de l’EPU pour la Croatie.

La Croatie attache une importance particulière au mécanisme d’Examen périodique universel (EPU), et salue sa dimension globale et son caractère inclusif. Ayant subie elle-même une transformation démocratique dynamique durant ces deux dernières décennies, la Croatie s’est dotée d’un système avancé de protection des droits de l’homme, s’appuyant sur les normes internationales en vigueur et sur le dialogue actif développé avec la communauté internationale et la société civile. C’est dans cet esprit que la Croatie s’est souciée d’assurer au plus grand nombre d’acteurs possibles, comprenant également toutes les institutions gouvernementales pertinentes, une large participation aux activités préparatoires de l’EPU. Le fait d’avoir permis à la société civile d’exprimer son point de vue dans le cadre d’un débat ouvert et constructif a rehaussé la qualité du Rapport national. Ce même Rapport a été présenté au Comité parlementaire des droits de l’homme et des droits des minorités nationales, qui a manifesté un vif intérêt pour le sujet. Aussi ai-je l’intention d’informer les députés croates du résultat de notre débat d’aujourd’hui.

La place éminente attribuée aux droits de l’homme dans l’ordre juridique de la République de Croatie est visible dans sa Constitution, qui consacre plus de cinquante de ses dispositions à la protection des droits de l’homme et des libertés fondamentales. Qui plus est, la Croatie est partie contractante à un nombre significatif de traités internationaux et européens dans ce domaine et est prête à renforcer davantage son engagement international en ratifiant notamment la Convention contre les disparitions forcées. Par ailleurs, nous examinons sérieusement notre adhésion éventuelle à d’autres instruments internationaux. En 2003, la Croatie a adressé une invitation permanente à toutes les procédures spéciales en matière des droits de l’homme et a eu l’honneur de recevoir en juillet dernier le Rapporteur spécial sur le logement convenable, composante essentielle du droit à un niveau de vie suffisant. 

Selon la Constitution croate, les traités internationaux signés et ratifiés par la Croatie deviennent partie intégrante de son ordre juridique avec prééminence sur les lois internes. Ils peuvent être invoqués sur le plan intérieur et il existe quantité d’exemples de leur application directe. 

En tant que société qui a été marquée par la guerre, la Croatie continue à rechercher activement des moyens efficaces pour promouvoir la tolérance, l’égalité et lutter contre toutes les formes de discrimination. En cela, elle s’est montrée disposée à faire siennes les normes internationales, à suivre tout conseil, et à introduire des mécanismes novateurs juridiques et institutionnels pour la promotion et la protection des droits de l’homme.

En plus d’un cadre juridique développé pour la protection des droits de l’homme, la Croatie élabore et met en œuvre un Programme national triennal pour la protection et la promotion des droits de l’homme. Le cadre institutionnel a été mis en place afin de garantir une bonne mise en œuvre des engagements pris en matière de droits de l’homme. La Croatie dispose d’un réseau bien développé de médiateurs. Un rôle central à cet égard est joué par l’Ombudsman qui représente également l’institution nationale indépendante en charge des droits de l’homme conformément aux Principes de Paris. Il existe aussi des ombudsmans pour l’égalité des genres, les enfants et les personnes handicapées. Une attention particulière est actuellement accordée au renforcement ultérieur des compétences de ces institutions.

Avec le cadre juridique et constitutionnel pour la protection des droits de l’homme en Croatie qui est désormais en place, l’attention se porte dorénavant sur sa mise en œuvre. Il convient de mentionner que le Gouvernement est assisté dans cette démarche par une société civile dynamique, énergique, libre et indépendante, très à l’écoute des questions des droits de l’homme et active quant à leur promotion et leur protection. Nous nous réjouissons de noter que des représentants de la société civile ont organisé un événement à Zagreb pour suivre le débat d'aujourd'hui en direct.

Mr. President,

I will now address the current developments in respect of several specific human rights related issues that may be regarded as the ones of special importance in respect of my country. Some of these issues have been spelt out in the advance questions received from several countries. I thank them for the interest expressed.

First of all, allow me to mention that some of topical human rights issues in Croatia still relate to addressing the consequences of the war that devastated the country in the nineties. In wider sense, these issues are also related to confidence building measures and reconciliation process in the region. In this process, the strength of a society and its leaders to face the past in a reconciliatory manner, is an important catalyst for healing the affected communities. Another crucial component is closing the impunity gap by bringing to justice all those responsible for the crimes committed, and securing their appropriate punishment. In this respect, I would like to underline that Croatia remains deeply devoted to the full cooperation with the ICTY in the pending cases. We strongly believe that all of the 883 requests for the assistance received until today from the ICTY Office of Prosecutor have been fulfilled. Concerning that one request for which the Office of the Prosecutor holds that is only partially fulfilled, I would like to emphasize that Croatia has conducted extensive investigative efforts in order to fulfill the order of the Trial Chamber. As the result of these efforts, the relevant authorities of Croatia have managed to find and deliver some of the requested documents, but have also established the destiny of all other requested documents. The Trial Chamber concurred with Croatia that it is impossible to determine with certainty the existence of these documents.

I hope this answers the advance questions put forward by the UK and Denmark. Allow me to address now a few other issues raised in advance questions by Germany and the Netherlands, among others.

Croatia turns its attention intensively nowadays towards the issue of domestic war crime trials. The Croatian authorities are fully committed to fight impunity. War crimes trials are conducted in a transparent manner, and are being observed by the international representatives and the civil society. As concerns the yet unprosecuted war crimes, the Chief State Attorney's issued instructions which are being implemented by the local state attorneys, which resulted in an increase of the number of proceedings over the last two years, including those initiated against the members of the Croatian Armed Forces. This trend will continue. As for the issue of impartiality of these trials, I would like to underline that Croatia has until now performed numerous measures, defined in its Action Plan, in order to ensure that all war crimes proceedings are carried out impartially and professionally, regardless of the ethnic affiliation of the accused. A study was conducted by the Ministry of Justice on judgments rendered in war crimes cases for the period 2005 – 2009 in order to identify whether there was an ethnic bias in war crimes proceedings. This study showed that the proceedings conducted in the presence of the accused, where judgments have been actually implemented, have been unbiased and impartial (42% of accused were members of the Croatian Armed Forces while 58 % were the former Yugoslav Army members and the members of the paramilitary units under its command and control). However, to fully assess these figures, one cannot ignore the wider picture and the total number of the crimes committed in Croatia. Concerning the convictions delivered in absentia, new provisions have been introduced in the Criminal Procedure Act, enabling a review of the cases where judgments had been rendered in absentia. In this respect, the competent authorities had reviewed such cases and renewed or suspended proceedings in cases where there were grounds to do so.

A second issue inherited from the war times is the refugee issue. In addressing it I will attempt to provide replies to advance questions raised by Spain, Denmark and the Czech Republic, among others. It is being said that there still exist a protracted refugee situation in the South East Europe that should be finally resolved. I would like to stress that Croatia has an enormous experience in handling the refugee issues. In mid-nineties Croatia took care at one point for more than million refugees and internally displaced persons. Today, the number of registered refugees in Croatia has dropped to less than a thousand. Every country that was ever faced with this number of refugees understands what burden it represents and what financial demand a durable solutions entails, in particular in the country that was heavily hit by war.

As the countries in the region agreed at the 2005 Sarajevo Conference, in order to arrive to a durable solution, the refugees should be allowed to choose freely between return and local integration, as two equally legitimate alternatives. With respect to the latter, I would like to stress that Croatia has so far integrated 120.000 refugees from the region, (in addition to regulating the status of 125.000 predominantly Serb returnees, and successfully resolving the situation of another 450.000 IDPs within Croatia). At the same time, it has introduced a number of measures to encourage returns. Croatia has invested 5,3 billion Euros to reconstruct more than 147000 housing units that were demolished, to rebuild sometimes entire cities and to bring a new life to areas that were left destroyed and empty. Croatia has introduced and implemented such programs with sincere aim to encourage the returns. The houses were reconstructed, private property almost entirely returned to its owners (out of the initial 19.200 cases, there are only 19 cases still pending); the problem of the agricultural land was solved; a system for convalidation of working years was introduced and is functioning well. Finally – the program providing for the housing solutions for the former inhabitants of social housing, so called tenancy rights holders, is being implemented. As of October 2010, close to 8000 housing requests by the ex-tenancy rights holders have been met with a positive response by the authorities. This process, as some international monitors have mentioned, is irreversible and self-sustainable.

Relating to the Danish question on how, in recession times, the positive trends in solving these financially demanding issues will be kept, I would like to confirm that the implementation of housing care program remains high on the government's priority list, with adequate funds being allocated for the implementation of the Revised Action Plan.

Furthermore, the process is ongoing in the South East Europe that should bring the refugee issue to a final closure in the whole region, based on the humanitarian grounds and focused on those most vulnerable. Croatia actively participates in this process and hopes that the refugee situation in the region will be finally and sustainably settled by the end of the next year. In this respect, the 2010 Belgrade Conference was followed by a number of meetings dealing with the harmonization of statistics and identifying the real needs on the ground.

Let me now turn to a related topic – the protection of minorities in Croatia and the ensuring of non-discrimination of vulnerable groups – a topic which has also been raised in the advanced questions submitted by UK, Spain, the Czech Republic, Denmark, Switzerland and Germany. Croatia guarantees minority rights to all its national minorities, in accordance with the international standards, and its own legal framework – namely the Constitution and the Constitutional Law on the Rights of National Minorities. I would like to emphasize that the Government is constantly improving the legal framework for the minority protection. The most recent development is the adoption of the amendments last June by the Croatian Parliament, with the support of all minority representatives, to the Croatian Constitution and to the Constitutional Law on the Rights of National Minorities. The most significant change in the Constitution is found in its Preamble which, where previously were ten, now expressly mentions twenty two national minorities, including Roma. Other significant changes aim at securing adequate representation of the national minority members in representative and executive bodies at all levels. In addition to the three seats in the Parliament guaranteed to the Serbian national minority, as the only one which accounts for more than 1.5% of the population, those minorities comprising less than 1.5% of the population, are, granted five seats in the Parliament on the basis of the special suffrage in a single electoral unit comprising the whole country. It should also be noted that members of the party representing the Serbian national minority contribute to a governing coalition, including at the level of the Vice President of the Government. In addition to political participation, Croatia is committed to further increasing minority participation in state and local administration, judiciary and police.

The Roma are a recognized national minority in Croatia and they have the same rights as the other national minorities in the country. Members of the Roma national minority participate in the decision-­making process on all levels, from the Croatian Parliament to the local communities. In order to further improve living conditions of this vulnerable minority and continue fighting against all forms of discrimination, the Government has adopted a National Programme for Roma and also joined several other European countries by participating in the Decade of Roma Inclusion 2005-2015 focused mainly on education, health care, employment and housing. I would like to add that Roma national minority has a representative in the Croatian Parliament.

The principle of equality is enshrined in Article 14 of the Constitution, and as such enjoys special legal protection before the Constitutional Court. The Croatian Criminal Code recognizes the concept of hate crime. The comprehensive legal and policy framework for suppressing discrimination is further defined by the 2008 Anti-discrimination Act and the National Plan for Combating Discrimination (2008-13). The Government is investing systematic efforts into ensuring effective implementation on all levels of anti-discrimination legislation, including hate crimes. To that end in 2010 the Government established a new Working Group to monitor hate crimes at the national level. Combating discrimination against minorities is at the heart of these efforts, including the Serbian minority, the Roma minority and LGBT persons. In order to suppress de facto discrimination, special attention is being paid both to the awareness-raising activities and the strengthening of the institutional capacity, including through education and training.

In spreading the message of tolerance and reconciliation, politicians and statesmen have a particular responsibility. We are pleased to note that this is increasingly the case in the region, notably by the highest Croatian authorities.

In addition, an efficient system of investigating and prosecuting hate based offences is crucial for securing effective deterrence. Recent trends indicate an increase in the rate of processing of such crimes. In this context, I would also like to underline that criminal acts directed against journalists, particularly attacks on their physical integrity and personal security, are treated with utmost seriousness. Apart from being recognized as assaults on the freedom of speech and freedom of information, such cases tend to be characterized as grave crimes in terms of the Criminal Code, which in turn implies additional vigilance by the police and all the authorities involved. A number of assaults against journalists so far have resulted in criminal charges, both against known and unknown perpetrators. The police and the justice system continue to work intensely on unresolved crimes against journalists and the best proof has been served only few days ago – the first instance judgment in respect of the killings of media professionals Pukanić and Franjić was delivered and the proceedings completed in an exemplary time span given the complexity and the trans-national character of the case.

Mr. President,
The policy of gender equality and the empowerment of women is among fundamental principles and highest values of our constitutional order.

In line with that, a comprehensive institutional and legislative framework was created for the implementation of the policy of gender equality on all levels, notably the Gender Equality Act and the Anti-discrimination. With the aim of enhancing equality numerous measures have been taken, such as public campaigns and other awareness-raising measures focused on improving equal political participation, equal representation and combating stereotyping and violence against women.

The issue of children’s rights has always been among the priorities of the Croatian Government, which is focusing special attention on the most vulnerable – children without adequate parental care, children victims of war, children belonging to national minorities or children with development difficulties. Croatia is a party to almost all relevant instruments in the field of children’s rights. I am pleased to announce that Croatia will soon ratify the Hague Convention on Protection of Children and Cooperation of Inter-County Adoption, and is preparing amendments to the Family Act in order to ensure a more effective implementation of the Hague Convention on Civil aspects of International Child Abduction. I would also like to emphasize that corporal punishment of children is prohibited by the law in Croatia and that Croatia has been playing a leading role within regional fora in this respect. It is unlawful in schools, in the penal system and in all child care institutions. With respect to the UN Guidelines for the Alternative Care for Children, the foster care for children has been improved in a way that all children under the age of 7 must be placed with foster families.

As concerns the persons with disabilities, I would like to stress Croatia was among the first countries to ratify the UN Convention on the Rights of Persons with Disabilities. Croatia supports the concept of deinstitutionalization of persons with disabilities. To this end, a Master Plan of Deinstitutionalization and Transformation of Social Welfare Institutions (2011/18) will be adopted by the end of the year. The Master Plan will help decrease check-ins at the institutions and increase check–outs with the aim of community integration of persons with disabilities, as well as development of alternatives services.

Mr. President,
In every country the protection of human rights is intrinsically linked to the adherence of the society to the rule of law. I would in this respect particularly underline a topical issue of great weight in Croatia – namely the fight against corruption and organized crime. Resolution of corruption cases, irrespectively of their level has been given high priority by the Government. Necessary legislative and organizational steps have been taken accordingly. A significant number of high level corruption cases that are being processed clearly testify to the resoluteness of the Croatian authorities to implement the principle of no tolerance to any form of corruption. As a result there is a trend of increasing number of convictions and investigations, indicating that all parts of the so called 'anti mafia' framework are functioning efficiently.

Furthermore, some questions were raised in respect of the administration of justice as a prerequisite for effective human rights protection. Independence, impartiality, professionalism and efficiency of the judiciary has been further strengthened by the recent legislative changes and passing of several crucial laws in this area. As many other countries, Croatia has also encountered the phenomenon of the court backlog and the excessive delay in conducting the procedures. These issues have been identified and addressed in a systematic manner. Measures undertaken in respect of the court backlog, that include, among others, strengthening the capacity on the most burdened courts, special measures directed towards handling of the old cases, rationalization of the courts network and better courts discipline, have resulted in 51,49% reduction of unresolved cases between 2004 and 2009, while this number was further reduced for 10% in the course of this year.

The issue of excessively long court proceedings was first addressed through the introduction of the possibility to lodge the constitutional complaint in respect of the length of proceedings which has been recognized as an effective domestic remedy against the length of procedure by the European Court for Human Rights. Further legislative changes relegated the protection of the right of a trial within a reasonable time before a specific court to the jurisdiction of the immediately higher court, or under the jurisdiction of the Supreme Court. Acting pursuant to a request of the parties for a trial within a reasonable time, higher courts can accelerate court proceedings conducted by lower courts by setting a term within which the court conducting the proceedings must issue a decision and by defining suitable compensation for the infringed right. The most recent amendments to the Courts Act additionally tighten this procedure. A three-month deadline has been set within which the higher court must decide upon the request and clear mechanisms have been put in place.

Mr President,
As this review process has demonstrated, no country in the world has a perfect human rights record. Croatia is aware of its own set of challenges and remains committed to advancing the promotion and protection of human rights, at home and abroad. At the same time, we believe that, as a country that in just two decades, has undergone multiple transitions - from war to peace, from one social and economic system to another – Croatia has successfully built a respectable network of human rights institutions. The knowledge and experience we gathered in this process, serves as a strong guarantee for a well-functioning and accountable society, based on the respect for democracy, human rights and the rule of law.

In conclusion, I would like to underline that Croatia, in approaching the finish of its EU accession negotiation process is currently negotiating the chapter on judiciary and fundamental rights. Croatia is the first country to have a fundamental rights chapter in its accession package. We regard this set of refined criteria that not only requires the adoption of the most sophisticated standards, but also a concrete track record of their faithful implementation, as a welcome and very seriously regarded opportunity to perfect further our human rights protection system. The UPR process serves the same aim and has been seen in Croatia as the opportunity to take stock and additionally asses good, but also yet imperfect, features of our system. I also expect that the recommendations that will flow from this process will add creatively to further development of human rights protection in Croatia.

With these few introductory remarks, I am looking forward to your questions.