Experts of the Committee on the Elimination of Racial Discrimination Commend Croatia on Increased Health Insurance Coverage for the Roma, Ask about the Prosecution of Hate Speech and the Segregation of Roma Students in Elementary Education
The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined ninth to fourteenth periodic report of Croatia, with Committee Experts commending the State on increased health insurance coverage for the Roma, and asking questions on the prosecution of hate speech and the segregation of Roma students in elementary education.
One Committee Expert welcomed that the national plan for Roma inclusion included disaggregated health indicators for the Roma, and that health insurance coverage for the Roma had increased.
Faith Dikeledi Pansy Tlakula, Committee Expert and Country Rapporteur for Croatia, said that despite legislative progress, only a few crimes of hate speech had been prosecuted and the provisions on racist motivation as an aggravating circumstance were rarely applied by the courts. Attacks against Serbs and Roma reportedly often went unreported due to lack of trust in the police and judicial system and the lack of knowledge about the complaint mechanism. What capacity building efforts were being taken for police, prosecutors and judicial officers in the area of criminal law relating to racial discrimination, hate speech and hate crime?
Michal Balcerzak, Committee Vice-Chair and Country Co-Rapporteur for Croatia, said Roma students reportedly still faced segregation in elementary education and the practice of segregating Roma students into separate classes reportedly continued. Why had little progress been made in preventing the segregation of Roma children? What measures had been taken to prevent segregation, reduce dropout rates, and improve access to quality education for Roma students? To what extent was the Romani language used at schools and in State exams?
Tatjana Vlasic, Deputy Ombudswoman of the Republic of Croatia, said the Roma were among the groups most commonly discriminated against. As many as 46 per cent still lived in spatially isolated and segregated Roma settlements, with much poorer housing conditions and no availability of utility and infrastructural services. Segregation of Roma students in elementary education remained a challenge.
Introducing the report, Alen Tahiri, Director of Croatia’s Government Office for Human Rights and Rights of National Minorities and head of the delegation, said amendments of the Criminal Code from 1997 and 2006, together with amendments of the Criminal Procedure Code from 2009 and 2017, had strengthened the legislative framework for the elimination of racial discrimination. Through these amendments, the concept of a “hate crime” was introduced in Croatian criminal legislation as an aggravating circumstance in any criminal offence.
The delegation said the working group for monitoring hate crimes consisted of representatives of academia and relevant institutions and civil society organizations, including organizations for Roma people. The mandate of the working group included data collection on hate crimes and coordination of policies to combat hate crimes. The police had recorded 55 cases of potential hate crimes in 2022, of which 17 were prosecuted and seven were sentenced. Twenty-five cases of incitement to hate crimes were also recorded in 2022. Judicial academy training also addressed hate speech and racial discrimination.
Mr. Tahiri said a public policy in support of the Roma had been implemented since 2003, and had been improved through independent evaluations since 2015. Although the share of Roma children attending integrated classes ranged from 90.2 to 95.9 per cent, the Government was aware of the regional differences and the specific situation in the Međimurje County. The Government was determined to achieve positive change, undertaking serious infrastructural actions, changing the paradigm behind professional work with the Roma, and making activities and services more accessible to the community.
The delegation added that two million euros had been invested in special measures to promote the education of Roma children. The State was co-financing pre-school education programmes, providing education in Croatian language education for Roma children, and had increased higher education scholarships for Roma students.
In concluding remarks, Ms. Tlakula said the delegation had provided important information on plans to improve the situation of minorities in Croatia. Ms. Tlakula said she looked forward to the next dialogue with Croatia, in which she expected that the State party would report on the results of the various national programmes and action plans in place in support of ethnic minorities.
Mr. Tahiri said, in concluding remarks, that Croatia had undertaken work to fully implement the Convention. Such work was not complete, but the State had made significant strides in promoting the rights of all persons regardless of ethnicity or other factors. The Committee’s recommendations would guide the State party’s legislation and policy efforts to enhance the rights of ethnic and racial minorities.
The delegation of Croatia consisted of representatives of the Government Office for Human Rights and Rights of National Minorities; Ministry of Foreign and European Affairs; Ministry of Justice and Public Administration; Ministry of Regional Development and European Union Funds; Ministry on Interior; Ministry of Culture and Media; Ministry of Economy and Sustainable Development; Ministry of Physical Planning, Construction and State Assets; Ministry of Labour, Pension System, Family and Social Policy; Ministry on Science and Education; and the Permanent Mission of Croatia to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Croatia after the conclusion of its one hundred and tenth session on 31 August. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s one hundred and tenth session and other documents related to the session can be found here.
The Committee will next meet in public on Thursday, 10 August at 3 p.m. to consider the combined twenty-fourth to twenty-sixth periodic report of Uruguay CERD/C/URY/24-26).
Report
The Committee has before it the combined ninth to fourteenth periodic report of Croatia (CERD/C/HRV/9-14).
Presentation of Report
ALEN TAHIRI, Director of Croatia’s Government Office for Human Rights and Rights of National Minorities and head of delegation, said the Republic of Croatia had come a long way from its first reporting year. It had become a full member of the European Union in 2013, and in 2020 held its first presidency of the Council of the European Union. In 2015, it faced a migrant crisis of unprecedented scale, and had continuously engaged to upgrade its crisis response. In March 2022, the Government introduced temporary protection for displaced persons from Ukraine, which it provided for more than 22,000 Ukrainians.
Crucial, historic work had been undertaken by the Government to ensure the implementation of the Convention. In 2009, the Anti-Discrimination Act came into force. In addition to protecting and promoting equality, it also created pre-requisites for the realisation of equal opportunities and regulated protection against discrimination on 17 grounds, including race or ethnic affiliation, colour and national origin. The Act provided protection against direct and indirect discrimination, harassment, sexual harassment, segregation and victimisation. It placed the burden of the proof on the potential perpetrator and allowed for collective protection lawsuits.
Amendments of the Criminal Code from 1997 and 2006, together with amendments of the Criminal Procedure Code from 2009 and 2017, had additionally strengthened the legislative framework for the elimination of racial discrimination. Through these amendments, the concept of a “hate crime” was introduced in Croatian criminal legislation as an aggravating circumstance in any criminal offence. The amendments also established minimum standards on the rights, support and protection of victims of crime, and introduced a new mandatory procedure for the individual assessment of victims. The 2021 revision to the protocol on procedures in the case of hate crimes also included an improved recording system of hate motivated crimes. The new protocol allowed for monitoring throughout criminal proceedings and the gathering of data on the motive for the crime and specified the obligations of each competent authority.
The Government had also undertaken efforts to deepen protection, preservation and promotion of the rights of Croatia’s 22 national minorities. It had amended in 2010 and 2011 the Constitutional Act on the Rights of National Minorities, and introduced the 2011 law on the register of councils, coordination of councils and representatives of national minorities, and the 2019 law on the election of councils and representatives of national minorities. Based on those legal acts, at the 2020 parliament elections, eight minority representatives were elected in the Croatian Parliament. Furthermore, a member of the Italian national minority currently held the position of Parliament Vice President, while the Deputy Prime Minister was a member of the Serbian national minority. In the 2021 local election, a total of 278 members of representative bodies of local and regional self-government units were elected from members of national minorities, as well as 55 deputy heads of municipalities and deputy mayors and 12 deputy prefects.
Since 2017, operational programmes for national minorities had been created in cooperation with members of national minorities. The current level of investment in targeted activities of minority organizations was almost 40 million euros annually. Much more was provided through mainstream and other activities also involving national minorities. The most prominent activities implemented through the umbrella associations of national minorities included honouring the memory of the Roma, Jewish and Serbian victims of World War II concentration camps and historical persecution of Roma (Samudaripen), including through the construction of the Roma Memorial Centre in Uštica and a national ceremony held every 2 August; supporting the commemorations of innocent Serbian victims in the Homeland War; investing in various cultural institutions of national minorities; and ensuring the development of regions with high populations of national minorities.
Mr. Tahiri said a public policy in support of the Roma had been implemented since 2003, and had been improved through independent evaluations since 2015. Recent research showed that 95.3 per cent of Roma children were engaged in primary school education, and that in comparison with 2019, the rate of severe material deprivation of Roma as well as in the share of Roma deprived of housing had decreased by 47 per cent. Furthermore, the share of the population with access to drinking water had increased by 14 per cent, and the population at risk of poverty had decreased by seven per cent. Although the share of Roma children attending integrated classes ranged from 90.2 to 95.9 per cent, the Government was aware of the regional differences and the specific situation in the Međimurje County. The Government was determined to achieve positive change, undertaking serious infrastructural actions, changing the paradigm behind professional work with the Roma, and making activities and services more accessible to the community.
The Government had adopted in March 2023 the national plan for the protection and promotion of human rights and combatting discrimination for the period until 2027, with two accompanying action plans. The new policy aimed to ensure coordinated action of state administration bodies and to supplement existing sectoral policies, as well as to raise the level of knowledge and awareness of equality and ensure the overall exercise of the rights guaranteed by the Constitution and international treaties, including the Convention.
Deeply aware of the horrors of war and its consequences, the Government was determined to preserve the memory and commemorate the victims of all crimes based on ethnic, racial or national grounds. This determination had been vividly shown though Government actions and the pledges of the Republic as a presiding and committed member of the International Holocaust Remembrance Alliance.
Opening Statement by National Human Rights Institute
TATJANA VLASIC, Deputy Ombudswoman of the Republic of Croatia, said the Ombudswoman of Croatia was an independent institution that was especially and legally entrusted with fighting discrimination. It handled complaints of discrimination and conducted field visit research, training, awareness raising, strategic litigation in discrimination cases and annually submitted reports to the Croatian Parliament, including on the state of non-discrimination and equality. The largest number of complaints had traditionally been received in relation to discrimination on the ground of racial or ethnic origin from Roma, Serbians and migrants, and they related largely to labour and employment.
The Roma were among the groups most commonly discriminated against; 92.3 per cent of the Roma were poor, while about 70 per cent of Roma families lived in extreme poverty. As many as 46 per cent still lived in spatially isolated and segregated Roma settlements, with much poorer housing conditions and no availability of utility and infrastructural services. Segregation of Roma students in elementary education remained a challenge. The Ombudswoman had recommended the creation of an action plan for desegregation, which had not yet been done. This practice was being carried out in 10 elementary schools, half of which were located in Međimurje county. In addition to segregated classes, there were two completely segregated district schools. Data showed that Roma students attending segregated classes had weaker educational outcomes.
Members of the Serbian national minority and persons of Serbian origin were still exposed to prejudice and negative sentiments in the public. Serbians who returned to their pre-war residences were vulnerable to discrimination. Croatia still did not have a migration or integration policy in place. There was a lack of systematic integration measures, including in providing Croatian language courses, housing, employment and education, as well as access to the health care system.
Questions by Committee Experts
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Country Rapporteur for Croatia, said today was national women’s day in South Africa, and she welcomed the high representation of women in the delegation. The report covered the period of 2007 to 2018. She asked the delegation to provide updated information.
The common core document had not been updated and was based on the 2001 census. When would the State party draft the updated common core document to reflect the population demographics of the 2021 census? The 2001 census provided the demographic composition of the population disaggregated according to ethnic origin, and in the 2011 census, an individual was freely able to declare his or her ethnic affiliation in line with the principle of self-identification. In this census, there was an increase in the number of individuals who identified as belonging to a region (primarily Istrians), followed by Bosniaks and Roma. What had been the main changes in the ethnic population found in the 2021 census?
The Committee asked for disaggregated data on the economic and social indicators of the various minority groups living in the territory, and updated statistics on migrants, refugees, asylum seekers and stateless persons. The Committee noted the application of the principle of self-identification, as it recommended in its previous concluding observations. What methodology did the 2021 census use? The number of citizens who self-identified as Serbs had reportedly decreased from 4.36 per cent in 2011 to 3.2 per cent in 2021, and this decrease was reportedly related to prejudice towards Serbs. Could the delegation comment on the decrease?
The Committee noted the adoption of the national anti-discrimination plan of 2017-2022 and the action plan of 2019, and of the national plan for the protection and promotion of human rights and combatting discrimination 2022-2027 and its two action plans in March 2023. Reportedly only a small number of activities in the 2019 action plan were implemented. What results had the plan achieved, and had an official evaluation been carried out? What was the consultation process with civil society organizations in the drafting of the 2022-2027 national plan? How would the Government ensure its effective implementation?
Representatives of local authorities in self-government units reportedly failed to implement measures to combat discrimination, impeded them and treated Serbian national minorities unequally. This was especially the case in areas that were exposed to direct armed conflict during the 1990s. For example, the mayor of Vukovar rejected the June 2019 decision of the Constitutional Court calling for the urban authorities to respect the right to equal use of the Serbian language and scripts within the city. What action was taken against this mayor? How did the Government ensure the full implementation of anti-discrimination legislation and policies, especially at the local level? The Committee took note of the adoption of special measures concerning the preferential employment of members of national minorities in the public sector. Had special measures in other areas been adopted or planned? Were members of national minorities consulted regarding these measures?
Despite legislative progress, only a few hate-motivated crimes of hate speech had been prosecuted and the provisions on racist motivation as an aggravating circumstance were rarely applied by the courts. Attacks against Serbs and Roma reportedly often went unreported due to lack of trust in the police and judicial system and the lack of knowledge about the complaint mechanism. How many complaints had been received by courts or national institutions regarding acts of racial discrimination, racist hate speech and racist hate crimes? Could the delegation provide examples of court cases where hate crimes or racist motivation were considered as aggravating circumstances? What capacity building efforts were being taken for police, prosecutors and judicial officers in the area of criminal law relating to racial discrimination, hate speech and hate crime. What was the mandate, composition and activities of the working group on hate crimes monitoring of 2021? How was the Government raising public awareness regarding complaints mechanisms related to hate speech and hate crimes?
Police violence was a problem in almost every State, and it often occurred in a discriminatory manner, affecting members of specific racial or ethnic groups more than others. The Committee called for more information on such incidents. What measures had been taken to prevent discriminatory violence by the police and other law enforcement officers, and to ensure accountability for perpetrators?
The Committee noted that the Ombudsman of the Republic of Croatia was granted “A” status by the Global Alliance of National Human Rights Institutions. Had the State party responded to the Alliance’s 2019 recommendations to promote broad consultation with civil society and provide the Ombudsman with more funding to execute its mandate effectively?
MICHAL BALCERZAK, Committee Vice-Chair and Country Co-Rapporteur for Croatia, said that the Committee welcomed the various policy measures implemented in the reporting period for the Roma, such as the national strategy for the inclusion of Roma (2013-2020) and its action plans. What were the main results achieved by the strategy and the difficulties it faced? Could more information be provided on the current national Roma inclusion plan (2021–2027) and its action plans, including its activities and budget allocations? How were members of the Roma community consulted regarding the plan, and how was its implementation monitored?
Roma were reportedly subjected to negative stereotypes and structural discrimination; 92.3 per cent of Roma in the State were poor, while about 70 per cent of Roma minority families lived in extreme poverty. What measures had the State party taken to combat prejudice and negative stereotypes against members of the Roma and to eliminate structural discrimination? What had been the impact of measures taken during the COVID-19 pandemic on the socio-economic status of Roma communities? Forty-six per cent of Roma reportedly still lived in spatially isolated and segregated Roma settlements, with much poorer housing conditions and no availability of utility and infrastructural services. What social housing was provided to the community, and how did the State party prevent discrimination in the provision of housing? Roma students reportedly still faced segregation in elementary education and the practice of segregating Roma students into separate classes reportedly continued. Why had little progress been made in preventing the segregation of Roma children? What measures had been taken to prevent segregation, reduce dropout rates, and improve access to quality education for Roma students? To what extent was the Romani language used at schools and in State exams?
GUN KUT, Committee Expert and Follow-Up Rapporteur, said the interim follow-up report was not submitted by the State party regarding the Committee’s previous concluding observations. After the current dialogue, the Committee would submit new concluding observations, and he called on the State party to submit a follow-up report. In the previous concluding observations in 2010, the Committee asked for a new criminal law on hate crimes to be brought into compliance with the Convention and to increase awareness of public officials regarding hate crimes and hate speech. The Committee called for updated information on the legal and policy infrastructure, its implementation and impact. Did the State party assess whether related laws, policies and programmes had achieved their desired impact? The Committee’s second recommendation concerned measures to support the reintegration of the Croatian diaspora, and the third recommendation called for development of regions with high populations of State minorities. The Committee called for updated information on related measures taken to implement these recommendations.
One Committee Expert said that various initiatives had been implemented to increase employment of the Roma. What was the current percentage of employed Roma people in comparison to other groups? How many Roma families did not have sufficient housing?
Another Committee Expert said the Committee was pleased to note that the 2009 law included 17 grounds for discrimination. However, this law did not address discrimination in sports, and incidents of discrimination in sport had not been punished in the reporting period. Why was this? Could more information be provided on the State party’s response to complaints by human rights defenders who were allegedly victims of abuse?
There were reports of police officers beating asylum seekers. What punishments had been issued to perpetrators and what reparations had been provided to victims?
A Committee Expert said that in the 2011 census, an increasing number of individuals had declared that they were members of the Istrian region. The Istrian region included Croatia, Italy and Slovenia. Was this an ethnicity or a region?
Another Committee Expert said that the national plan for Roma inclusion included disaggregated health indicators for the Roma. It was also welcome that health insurance coverage for the Roma had increased. Roma men were hospitalised twice as often as women for mental health conditions. What were the reasons for the disparity, and what was being done to increase access? Roma women also had unequal access to reproductive health services. What had been done to improve their access to reproductive health rights?
One Committee Expert said identity checks and searches disproportionately affected certain groups of the population. Was there a discussion ongoing on how to tackle racial profiling?
Responses by the Delegation
The delegation said that according to the 2021 census, Croatia’s population had decreased by 9.6 per cent from 2011. The decrease in national minorities was in line with the decrease in the total population. There was a slight increase in the members of the Roma ethnicity by 0.6 per cent. Interviewers from ethnic minorities were employed by the State, and questionnaires in national minority languages were made available. Questions on ethnicity and mother tongue were voluntary and open-ended, and interviewers could not influence responses in any manner. Numerous minority organizations participated in preparing the census and received funding from the State. A project to inform members of the Roma population about the census had also been carried out.
Economic and social indicators disaggregated by ethnicity were not collected in the census, so the Government had in 2018 commissioned independent research to collect data on members of the Roma community. This exercise found that there were 117 Roma localities, 91 per cent of Roma living in Croatia were born in Croatia, and 98 per cent of these Roma members had Croatian citizenship. The average number of members of Roma households was 5.2, which was more than double that of the general population. Only one quarter of the Roma population was over 30 years of age.
In 2022, there were over 12,000 claims for international protection. From 2006 to March 2023, 904 asylum claims had been granted, while 23,023 temporary stay permits had been issued to Ukrainian citizens since 2022. There were currently six individuals who were known to be stateless, and 37 with unknown status. From 2013 to 2022, 44 persons of previously unknown status gained Croatian nationality.
A working group had been established in May 2023 to prepare national action plans for State development. The Government had also adopted a related strategic planning act, which included national plans for the Roma and for combatting discrimination. It was mandatory for independent experts to evaluate national action plans in the mid-term, and plans were adjusted based on such evaluations. Indicators had been developed for assessing the implementation of all national action plans. The draft national plan for promotion and protection of human rights had been developed in 2020. A key goal of the plan was to fight discrimination, including discrimination based on race or ethnicity. The plan took into consideration the recommendations of the Ombudswoman and international treaty bodies, including the Committee. The State party envisioned that the plan would be finalised and launched in 2024.
The judicial academy provided training for judges and judicial staff. The recommendations of international bodies were taken into consideration in the preparation of training, which addressed hate speech and racial discrimination. Six workshops on promoting diversity and fighting hate crimes had been held for judges in 2022. In 2018, 249 judicial officials took part in anti-hate crime and hate speech and human rights education, while in 2022, 192 officials took part in such education. The National School for Public Administration provided education on anti-discrimination, gender equality and the rights of persons with disabilities for public officials. Education was also offered on the rights of national minorities, on inclusion of Roma persons, and on combatting discrimination of the elderly; 71 trainings in this regard were attended by more than 2,000 officials since 2016. Courses were held in collaboration with relevant civil society organizations and European Union partners. Training on the Convention and the Convention on the Rights of Persons with Disabilities was being prepared.
A code of ethics for police officers and the Police Act had been developed to ensure that police officers did not discriminate in any manner. The Police Academy had dozens of specialised education programmes addressing discrimination.
The national plan for Roma inclusion had been developed in consultation with members of the Roma community. The national plan included 24 measures for improving the situation of the Roma. Measures for monitoring its outcomes had been developed, including indicators segregated by age and gender and external evaluation.
There were Government activities in place aimed at promoting the employment of Roma persons, and State counsellors targeted employers to improve employment and education of Roma. The share of Roma in the total unemployed population had fallen to 2.7 per cent through these measures.
There were over 1,000 Roma children enrolled in kindergartens, over 5,000 Roma children in primary schools, and around 800 Roma children in secondary school; 451 Roma students were receiving scholarships to attend higher education. Two million euros had been invested in special measures to promote the education of Roma children. The State was co-financing pre-school education programmes, providing education in Croatian language education for Roma children, and had increased higher education scholarships for Roma students.
Questions by Committee Experts
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Country Rapporteur for Croatia, asked what indicators were used when compiling statistics on ethnicity in the census. What civil society organizations were included in the Council for Human Rights? How were these members identified? What was the total number of judges in the country, and what percentage had been trained on hate crimes and hate speech? What measures were in place to address anti-discrimination at a local level? What was the mandate of the working group on hate crimes?
MICHAL BALCERZAK, Committee Vice-Chair and Country Co-Rapporteur for Croatia, called for more information on segregated classes and measures to support the health of the Roma. There was a case in 2022 of forced eviction of over 40 Roma people, including children. What was being done to prevent such evictions?
One Committee Expert said that over 2,500 hate messages had reportedly been sent to a Canadian goalkeeper of Serbian ethnicity following a football match against Canada. What was being done to combat such hate speech and racism in sports?
Ms. Tlakula said the Committee had received information regarding cases of racial attacks, racist hate speech in public discourse, and the use of inflammatory public utterances by certain State and local officials, opposition politicians and influential political figures. These included expressions of racism and xenophobia in the national, regional and local media, of which only mild and ambiguous condemnation had been made. Social media and the Internet were reportedly used to spread racial discrimination and xenophobia, particularly in job advertisements and the promotion of private business. The Ombudswoman found discrimination in the cases of three bars located in the town of Čakovec, which publicly announced on social media through social networks or private electronic communication that they prohibited the entry of Roma customers. What measures were being taken or envisaged to ensure that State officials, opposition politicians and influential public figures did not engage in racial attacks and racist hate speech in public discourse, and did not use inflammatory language?
The Committee took note of the adoption of the code of conduct for members of the Government and certain high-ranking officials and the code of ethics for members of the Croatian Parliament. What measures were being taken to ensure the effective implementation of these tools? Was the State party planning to adopt similar measures for officials at regional and local levels, such as mayors? What measures were being taken to deal with racist hate speech, including online, particularly against members of the Roma community, the Serb national minority, and non-citizens?
There were reportedly still displays of symbols and expressions of intolerance and hate speech against Serbs and sympathising with the nature of the Independent State of Croatia and the Ustasha regime during World War II. There were incidents of glorifying of war criminals through statements made by senior Government officials, returns of decorations to war criminals, and celebrations of such criminals in public spaces. Furthermore, the President of Croatia called into question facts about the Srebrenica genocide and participated in a public commemoration with convicted and alleged war criminals. What measures were being taken to combat and investigate such acts?
The Committee noted improvements brought about by the new Free Legal Aid Act. The improvements included the introduction of a special type of secondary legal aid, which provided for exemptions from the costs of court proceedings and cost of fees in all court proceedings. However, the Committee had received reports of a long turnaround time of up to three years in deciding appeals against granting legal aid, and insufficient and inadequate resources, particularly in local and regional governing units. What measures were being taken to strengthen the legal aid service to ensure its accessibility and availability at all levels, particularly at the local and regional levels? To what extent was legal aid provided to national minorities, including Serbs and Roma? What measures were taken to raise awareness among those vulnerable to racial discrimination on the availability of the legal aid?
Ms. Tlakula said the Committee noted that the State party had completed the implementation of the regional housing programme, which provided durable housing to 423 vulnerable returnees, former refugees and displaced persons following the 1991 to 1995 conflict on the territory of Yugoslavia. The Committee also noted the adoption of the Aliens/Foreigners Act in 2011 and its amendments, the Act on International and Temporary Protection in 2015 and the Croatian Citizenship Act. Migrants were subjected to direct and indirect discrimination in employment, such as late payment and longer working hours. What measures were being taken to eliminate discrimination against refugees and displaced persons in relation to working conditions and working rules?
What results were achieved under the action plan for integration of persons granted international protection 2017-2019, as well as on efforts to develop a new action plan that would include beneficiaries of temporary protection? What measures were being taken to provide regular and continuous Croatian language courses, and to ensure that the right to language learning was extended to persons under temporary protection? How was the State party combatting acts of racial discrimination targeting migrants, refugees, asylum seekers and stateless persons, and raising awareness on remedies available? The Committee had received reports of regular and often violent pushbacks of refugees, asylum seekers and migrants to Bosnia and Herzegovina without assessing their asylum requests or protection needs. What measures were being taken to address these pushbacks?
The State party did not have a dedicated statelessness determination procedure. Stateless persons in the State party faced challenges in accessing basic services in relation to health and education. Undocumented children could reportedly access education as guest students but they were not allowed to sit for official exams, obtain a diploma or continue with higher education. There were a few cases of persons with citizenship of the former Socialist Republic of Croatia, mainly from the Serb minority, who still had issues in accessing citizenship. The Committee called for updated statistics on the number of statelessness persons and those at the risk of statelessness in Croatia. Was the State party planning to develop a statelessness determination procedure? What measures had been taken or planned, including by eliminating the legal requirement of a personal identification number, to ensure access to education for undocumented children and to allow them to obtain diploma and sit for official exams? What efforts had been made to resolve the situation of stateless persons belonging to the Roma and Serb minorities?
What action had been taken to give effect to the Durban Declaration and Programme of Action? What measures and policies had been adopted to implement the Programme of Action for the International Decade for People of African Descent?
Mr. Balcerzak said the Committee noted that the 2021 census provided a quite detailed picture of Croatian society in terms of ethnic composition. Did the official policy of Croatia exclude the possibility that an individual could have more than one ethnic identity? Was the list of ethnic affiliations restricted to a certain number?
The Committee noted that minorities were represented in the Croatian Parliament, and members of minorities enjoyed preferable treatment in recruitment in public administration bodies, administrative bodies of the executive bodies of the local and regional self-government units, and the judiciary. However, national minorities only represented 3 per cent of the public administration and the judiciary in 2021, whereas they represented around 7 per cent according to the population census of 2021. What was the current level of representation of ethnic and national minorities in the Parliament, Government public sector, public administration, law enforcement, and the judiciary, particularly members of Serb minority and Roma, including at regional and local levels?
The Committee noted the information in the State party report on the strategy of regional development until 2020 and its action plan 2017-2019, as well as the efforts taken to eliminate disparities between the different regions. However, the development of utility and social infrastructure was still not complete, including in areas inhabited by the Serb minority, and disparities remained between counties. Some of these areas lacked a proper transportation system, and water, electricity social, health and education infrastructure. What measures aimed at creating conditions for sustainable development and to eliminate disparities between regions? What were the results achieved from the implementation of the strategy of regional development and its action plan? What was the situation of the “areas of special concern”?
The Committee noted the information on the adoption in 2011 of the strategy for investigating and prosecuting war crimes committed between 1991 and 1995 and the law on civilian victims of the homeland war in July 2021. However, the law on civilian victims was not comprehensive, and certain provisions were subject to discriminatory interpretations. There had reportedly been a stagnation in the intensity of prosecutions and a decrease in trials in the presence of the accused; and shortcomings in the court procedures, including a lack of scheduling of hearings and many trials held in absentia. There was persistent differential treatment of perpetrators of Serb and of Croat origin. Could the delegation provide information on the number of investigations, prosecutions and sentences handed in relation to war crimes in the last 10 years, with a breakdown of the ethnic and national origin of the alleged perpetrators? Had reconciliation between the Croatian and Serb nations been achieved?
The Committee welcomed reports that citizenship education was being carried out. Did this education address racism and discrimination? Had teachers been appropriately training in implementing this education? There had been a case within the European Court of Human Rights concerning a Croatian national teacher of Serbian origin who was dismissed because he could only teach in Serbian. Could the delegation comment on this case?
One Committee Expert asked about measures being taken to combat Croatian hooliganism. One Greek supporter had been killed in a recent football match by Croatian spectators. Did the Government intend to adopt a national plan to eradicate statelessness?
Another Committee Expert said that the State had been tackling the migrant crisis since 2015, which had highlighted the weaknesses of State policies and capacity shortcomings. What lessons had the State party drawn from the crisis? What had the State party done to combat xenophobia and acts of exclusion? Several non-governmental organizations had been intimidated for allegedly supporting clandestine migration. What had the State done to defend associations that supported people in distress?
A Committee Expert said the State party had a code of ethics for police officers and training for police officers on preventing racial profiling. Racial profiling was a complex issue that had to do with existing stereotypes in society, and there was reluctance within the police in many societies to tackle the problem. Were there any protests from civil society or court cases concerning racial profiling?
Responses by the Delegation
The delegation said within the Council for Human Rights, the three members of civil society were elected by a group of civil society organizations. The working group for monitoring hate crimes consisted of representatives of academia and relevant institutions and civil society organizations, including organizations for Roma people. The mandate of the working group included data collection on hate crimes and coordination of policies to combat hate crimes. The police had recorded 55 cases of potential hate crimes in 2022, of which 17 were prosecuted and seven were sentenced. Twenty-five cases of incitement to hate crimes were also recorded in 2022.
Roma women had a high rate of underage pregnancies and abortions. On average, Roma women had four births during their lifetime. Women living closer to developed regions tended to have less births. Ten per cent of Roma women experienced stillbirths. The total rate of abortions for Roma women was two to three times higher than that of the general population. From 2025, the Government had planned several activities, including education workshops, to promote reproductive health in Roma communities.
The European Court of Human Rights case involving the teaching of Serbian language concerned an incident occurring immediately after the Homeland War. The situation was now different, and there were no similar cases today.
Progress had been made in integrating Roma children into classrooms. Segregated classes mainly occurred in segregated communities. In the new action plan supporting the Roma, there were five measures for increasing the percentage of Roma children participating in inclusive education, including scholarships and incentives to prevent segregated education. The average dropout rate for Roma children was 2.5 per cent in primary schools and around 15 per cent in secondary schools. The State employed teachers of the Roma national minority.
Anti-discrimination measures were implemented in various laws, including the law on prevention of violence in sporting events. Organisers of football events were responsible for taking measures to prevent discrimination and take action in response. The football club where abuse of the Greek supporter had occurred had received heavy fines, and an investigation had been carried out. The State had legal frameworks and procedures to deal with hooliganism. The Government had also investigated the case of the Canadian goalkeeper of Serbian origin who had been discriminated against on Facebook, but was restricted in its response by United States law governing content on the platform.
Many measures had been taken to strengthen the free legal aid system. The Ministry of Justice had taken measures to shorten the time taken to process appeals regarding rejections of legal aid. Financial resources for primary legal aid projects had been increased by 100 per cent this year compared to 2022. Primary legal aid was directly provided to members of minority and disadvantaged groups. Providers of primary legal aid carried out visits to rural and underdeveloped areas. There were plans to increase renumeration for legal aid lawyers by 60 per cent in September 2023. The Government informed citizens about free legal aid through online information campaigns, and it planned to allocate additional funds to produce leaflets on legal aid by the end of this year. The scope of secondary legal aid was also being increased. From 2019 to 2022, a project to provide free legal aid to national minority returnees affected by war in certain counties had been carried out.
National minorities were prioritised in employment processes. The employment system was being reformed and centralised through a digital platform to further increase national minorities’ access to employment. Public authorities also developed and published plans to increase the employment of members of national minorities.
In 2020, the Government launched a national campaign to raise awareness among Roma parents and children of the value of knowledge, and among the general public on the particular situation of the Roma. The campaign included billboards, television and internet advertisements, and radio spots, and had had a significant impact. It would be continued until 2024. Public discussions involving over 700 people were held on support policies for the Roma.
The latest national programme supporting national minorities was adopted after discussions with each national minority. Operational programmes provided increased financial resources to organizations of national minorities to stabilise their activities. Funding was also provided for purchasing land and furnishing community homes and organizations where members of Serbian national minorities were highly represented. Funding for cultural events was also provided.
Media legislation promoted the right of the public to be informed about national minorities and their rights, and encouraged tolerance. Broadcasters were obliged to produce content in minority languages. Funds encouraging production of audio-visual content that included national minorities and encouraged cultural diversity had been carried out. The State had established an authority to minimise misinformation, discrimination and xenophobia in all media in Croatia.
Inhabitants of areas affected by the Homeland War were still suffering from its effects. The former strategy for regional development had led to co-financing of over 3,000 local development projects. Several State and European Union funded projects were currently being implemented. In one project, over 100 million euros had been invested in the development of war-affected areas, and more than 470 million euros in investment was planned for future projects. Around 500 projects for improving infrastructure for areas inhabited by national minorities had also been implemented since 2019. The State budget had allocated 3.5 million euros for such projects this year. Since 2020, the Government had been improving the availability of electrical infrastructure in communities inhabited by national minorities, including Roma communities. Ninety-four per cent of the population had access to water for human consumption, and the Government aimed to achieve 100 per cent coverage. Funding was also provided for small and medium-sized businesses run by national minorities. Projects to build roads and playgrounds in isolated communities were in place.
Nine projects had been implemented to support refugees and national minorities’ access to permanent housing. Reconstruction of housing units damaged in the war had continued and was almost finished. Around 1,500 houses had been renovated. Returnees were informed about their rights to financial assistance, including for housing.
In the early stages of prosecution of war crime cases, there were several shortcomings in the legal system and reluctance to prosecute members of the Croatian military. However, measures had been implemented to improve the situation. The State attorney’s office had established clear and objective standards for the prosecution of war crimes, which had led to a complete review of all war crime cases under clear criteria. Four specialised war crime courts had been established to improve the quality and efficiency of assessment of these cases. Recently, criminal proceedings had been initiated against over 3,500 persons, and 700 persons had been convicted; 46 per cent of convictions were against Serbs and 41 per cent against Croats. Croatia was forming bilateral agreements and establishing joint commissions to promote the prosecution of war crime cases, although it faced a lack of cooperation from some States such as Serbia.
The Ministry of Interior was implementing a project with the International Organization for Migration to promote the integration of third-country nationals into Croatian society. A one-stop shop and digital platform promoting such integration had been established. An evaluation of the project was planned for 2024. Measures to support access to language education, health and other services for third country nationals were being developed under the project. A draft national plan on the integration of third-country nationals had been developed and was currently being consulted with the public. An advisory group of third-country nationals had been established to contribute to the draft plan. Local programmes for the integration of third-country nationals had been included in the plan. The draft plan also included a translation service that would increase third-country nationals’ access to Government services.
Closing Remarks
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Country Co-Rapporteur for Croatia, said the Committee wanted more information on racial profiling and law enforcement and recommendations to improve the national human rights institute. The delegation had provided important information on plans to improve the situation of minorities in Croatia. Ms. Tlakula looked forward to the next dialogue with Croatia, in which she expected that the State party would report on the results of the various national programmes and action plans in place in support of ethnic minorities. She extended thanks to all persons who had contributed to the dialogue.
ALEN TAHIRI, Director of Croatia’s Government Office for Human Rights and Rights of National Minorities and head of delegation, said Croatia had undertaken work to fully implement the Convention. Such work was not complete, but the State had made significant strides in promoting the rights of all persons, regardless of ethnicity or other factors. The Government was promoting the rights of all citizens, including Roma, who could be elected to the highest levels of Government. The Committee’s recommendations would guide the State party’s legislation and policy efforts to enhance the rights of ethnic and racial minorities.
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CERD23.012E