STATEMENT
by
Ms. Dubravka Šimonovic
Head of the Human Rights Department,
Ministry of Foreign Affairs and European Integration
General Assembly
Sixtieth Session
Third Committee
Item 69: Elimination of Racism and Racial Discrimination
United Nations
9 November 2005
Mr. Chairperson,
Croatia has aligned itself with the EU statement, but I would like to add a few points based on Croatia''s specific experience concerning this matter.
Although the standards of equality and non-discrimination have been established as core principles of international human rights law, the persistence of racism, racial and ethnic discrimination, xenophobia and related intolerance as pointed out in the Interim report of Special Rapporteur Mr. Doudou Diene, demonstrates the need for new ways to address this problem with more efficiency.
Croatia is currently preparing its comprehensive National Strategy against discrimination that is going to be based on the International Convention on the Elimination of all forms of Racial Discrimination, the CERD Committees Concluding comments for Croatia, the Durban Declaration and Program of Action as well as on other relevant European instruments.
Mr. Chairperson,
The Croatian Constitution proclaims equal rights and freedoms among the highest values of Croatia’s constitutional order (Article 3) and provides for a general protection against discrimination of all rights and freedoms, and embodies the principle of equality before the law.
It also stipulates that any call for or instigation to national, racial or religious hatred or any form of intolerance shall be prohibited and punishable.
Since Article 14 of the Constitution does not specifically refer to discrimination on the ground of belonging to a national minority, the Constitutional Law on National Minorities adopted on in 2002, which has a constitutional force, supplements and reinforces Article 14 of the Constitution. It provides in Article 4-4 that "any discrimination by reason of belonging to a national minority shall be prohibited. Members of national minorities shall be guaranteed equality before the law and equal protection of the law. "
Mr. Chairperson,
To combat discrimination against the Roma, Croatian Government has adopted a wide national platform with measures for their integration into society; this year, it signed the «Decade of Roma Inclusion 2005-2015», and adopted the National Action Plan for its implementation aimed at improving the economic and social status of the Roma through better education, health care, housing and job opportunities.
Furthermore, as a State Party to the International Covenant on Civil and Political Rights and its first Optional Protocol, a State Party to the International Covenant on Economic, Social and Cultural Rights that supports the elaboration of its Optional Protocol, and a State Party to the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol, the Republic of Croatia has accepted international instruments that provide protection against discrimination of civil, political, economic, social and cultural rights, including their respective complaining procedures.
Mr. Chairperson,
I would also like to mention a new European instrument in this field - Protocol No. 12 to the European Convention on Human Rights that entered into force on April 1st, 2005. Croatia was the third State Party expressing its consent to be bound by it. This Anti-discrimination Protocol provides a separate right not to be discriminated against in the enjoyment of any right set forth by law, as well as the protection of that right by the European Court of Human Rights.
Today, Protocol No. 12 is an integral part of Croatian anti-discrimination legislation, additionally strengthened with the enactment of some new laws such as the 2003 Gender Equality Law and the 2003 Law on Same Sex Unions, as well as with certain amendments that were made to the Labour Act in 2003 and to the Criminal Code in 2004.
The amendments to the Labour Act in 2003 prohibit direct and indirect discrimination in employment, provide protection against sexual harassment and an equal pay for the work of equal value for women and men. The burden of proof is shifted back to the respondent when evidence of such discrimination is brought forward.
The 2003 Law on Gender Equality prohibits direct and indirect discrimination in all fields and establishes the new Ombudsperson for Gender Equality. The Ombudsperson for Gender Equality, together with the General Ombudsperson promoting equal treatment of all persons without discrimination (including the discrimination based on the grounds of racial or ethnic origin) and the Ombudsperson for Children, provides administrative and advisory services in cases of discrimination. Establishment of a new Ombudsperson for the protection of persons with disabilities is currently being elaborated.
It is important to mention that an additional impetus for the elaboration of all the Croatian anti-discriminatory legislation has been provided by considering the relevant EU directives in this field such as the Directive against Sex Discrimination, the Employment Equality Directive, and the Racial Equality Directive, which have already influenced the above-mentioned legislative changes.
Mr. Chairperson,
The Croatian Criminal Code sanctions public presentation or dissemination of ideas claiming superiority or inferiority of a race, ethnic or religious community, sex, nation, as well as the idea of superiority or inferiority based on colour aimed at the promotion of racial, religious, gender, national or ethnic hatred or hatred based on colour or aimed at derision. The punishment for the propagation of such hatred or public statements or dissemination of such ideas is three months to three years imprisonment.
In conclusion, Mr. Chairperson, I would like to mention that the abovementioned steps and activities clearly reflect the determination of the Republic of Croatia to create a comprehensive legal framework for the promotion of human rights and the protection of vulnerable social groups.
Thank you.
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