COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION
Forty-second session

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 9 OF THE CONVENTION

Concluding observations of the Committee on the
Elimination of Racial Discrimination

Croatia

474. At its 984th meeting, held on 19 March 1993, the Committee expressed its grave concern over the ongoing ethnic conflict taking place in the territory of the former Yugoslavia and requested the Government of Croatia and other successor Governments of the former Yugoslavia, in accordance with article 9, paragraph 1, of the Convention, to submit further information on the implementation of the Convention, to be submitted not later than 31 July 1993.

475. The report (CERD/C/249) submitted by the Government of Croatia pursuant to the aforementioned decision was considered by the Committee at its 1002nd meeting, held on 12 August 1993 (see CERD/C/SR.1002).

476. The report was introduced by the representative of the State party, who said that the 1990 Constitution contained a number of articles dealing with human rights. Discrimination on the basis of race, colour, religion or national origin had been strictly prohibited. Additionally, the Constitutional Law on Human Rights and Freedoms and the Rights of Ethnic and National Communities or Minorities had been adopted in 1991 and amended in April 1992. Reforms in municipal law were under way and a special status for those areas having an ethnic Serbian majority had been proclaimed.

477. At the international level, Croatia had succeeded to all of the international human rights instruments to which the former Yugoslavia had been a party. The date of entry into force for those instruments had been 1 October 1991, the date of independence, so as not to interrupt the coverage afforded by the provisions of those instruments. The Government was also planning to ratify the Optional Protocol to the International Covenant on Civil and Political Rights. Additionally, a number of bilateral agreements had been concluded with neighbouring States concerning the protection of minorities.

478. The representative stated that Croatia had cooperated with the Special Rapporteur of the Commission on Human Rights concerning the situation of human rights in the territory of the former Yugoslavia and had furnished him with the information which had been requested. Croatia also intended to cooperate with the war crimes tribunal which was to be established pursuant to the decision of the Security Council.

479. The representative pointed out that the Government was not in control of about a quarter of its territory and that it could not ensure the implementation of the Convention in those areas. In that connection, the Government had tried to negotiate with the rebellious forces and, to that end, had promulgated an amnesty law in October 1992 which exempted from prosecution all those who had fought on the side of the Serbian forces. Those who had committed grave breaches of international humanitarian law, however, would not be exempted but would be subject to possible prosecution by the war crimes tribunal.

480. Members of the Committee noted with satisfaction that the report submitted pursuant to the Committee's request for information was comprehensive and contained much useful information on the legal framework for the protection of ethnic and national minority communities in Croatia. Members noted, however, that further information was required on the actual application of the relevant laws and the extent to which the minority communities in the country enjoyed the protections afforded by the Convention.

481. With respect to article 2 of the Convention, members of the Committee wished to know whether measures which had been taken to protect human rights and fundamental freedoms had benefited members of all minorities or only certain groups; whether article 14 of the Constitution, which prohibited racial discrimination, applied only to citizens of Croatia; what the legal difference was concerning the terms "minorities", "peoples", "nations" and "communities" as referred to in article 15 of the Constitution; what the achievements had been of the Office for Inter-Ethnic Relations and the Council of representatives of ethnic and national communities or minorities; and what steps were being taken to protect those whose names appeared in "ethnic lists" of persons considered to be of non-Croatian origin. Information was further requested on the reported assassination or expulsion of ethnic Hungarians living in the Baranja area.

482. With respect to article 4 of the Convention, members wished to know what steps had been taken to implement the provisions of that article, particularly those provisions prohibiting racist activities and racist propaganda; what measures had been taken to prohibit the activities of ultra-nationalist organizations; and whether the wearing or display of Nazi insignia had been prohibited, particularly in regard to its reported use by elements of the Croatian army.

483. With respect to non-discrimination in the enjoyment of the rights referred to in article 5 of the Convention, members of the Committee wished to know what the precise criteria were for the granting of citizenship; what steps had been taken to avoid delays in the processing of applications for citizenship, particularly in order to protect applicants from losing their social and educational benefits; whether the guarantees for fundamental rights contained in article 35 of the Constitution applied only to citizens; and what steps had been taken to ensure that ethnic Serbs could effectively participate in elections.

484. Members expressed deep concern over reports of illegal or arbitrary detention, disappearances, torture, deaths in custody and other abuses by Croatian forces and wished to know if those allegations had been investigated and whether those responsible had been prosecuted. In that connection, members asked what had been done to return to their rightful owners homes and businesses which had been confiscated by armed bands; what measures had been taken to protect the rights and security of non-Croatians wishing to return; whether allegations had been investigated concerning secret prisons run by private groups where non-Croatians were subject to detention and torture; whether persons of non-Croatian origin had been taken into custody for the purpose of exchanging them for Croatians held by rebellious forces; and what steps had been taken or foreseen to bring to justice Croatians who had been responsible for serious or massive human rights violations and the commission of war crimes. Members also requested further information on the implementation of the amnesty law of October 1992 and how its application would affect cooperation with the war crimes tribunal to be established in accordance with the decision of the Security Council.

485. With respect to article 6 of the Convention, members of the Committee wished to know what steps had been taken to ensure equal treatment by the tribunals regardless of ethnic or national background and what had been done to ensure that the crime of rebellion against the State was not being used in a discriminatory way.

486. Members expressed satisfaction that Croatia had accepted a large number of Bosnian refugees en route to other countries. In that connection, members asked what had been done to expedite the processing of their applications and to prevent the refoulement of refugees fleeing the conflict in neighbouring countries. Members also wished to know what measures had been taken to prevent the participation of Croatian nationals in the armed conflict in Bosnia and Herzegovina.

487. The representative welcomed the establishment of an ongoing dialogue with the Committee and, in that connection, invited the Committee to send one of its members to Croatia in order to clarify its concerns to the Government and to assist it in adapting its legislation and policies to the requirements of the Convention.

488. Responding to the questions, the representative of the State party stated that references to "certain" minority communities in basic legal documents were to denote the special status accorded to some groups in addition to the non-discrimination in the enjoyment of human rights which was accorded equally to all ethnic and national minorities. The representative noted that owing to the armed conflict in some parts of the country, compliance with all of the provisions protecting minorities had been slow in some cases.

489. With respect to reports of an "ethnic list", such a list did, in fact, exist. That list, which had been drawn up by private persons, had been condemned by the authorities and those found responsible for it had been prosecuted. Responding to allegations of summary or arbitrary executions, the representative stated that some reports in that regard had not been correct and the alleged victims had later been found living elsewhere in the country.

490. The representative stated that successive waves of refugees had overburdened the capacity of medical and other basic facilities to provide adequate services. The representative strongly denied that Croatia had violated the principle of non-refoulement. In that connection, the representative pointed out that Croatia had been one of the first States to recognize Bosnia and Herzegovina and stated that the authorities did not endanger the lives of those fleeing to Croatia.

491. The representative emphasized that the Government strongly condemned the use of Nazi emblems, which evoked memories of a fascist past. The Government was fully cognizant that peace was needed in order to start the economy and resume normal life. To that end, dialogue had begun at a number of levels between the various communities. The authorities were careful to avoid incitement to nationalistic fervour. The representative reiterated that Croatia was committed to trying those responsible for war crimes, whether in the national courts or in the war crimes tribunal which was to be established. In that connection, there was no encouragement, or cooperation with, ethnic Croatian forces operating outside the borders.

Concluding observations

492. At its 1010th meeting, held on 19 August 1993, the Committee adopted the following concluding observations.

(a) Introduction

493. The Committee noted the report of the State party and the additional information provided orally by the delegation. Although the report was comprehensive, it focused mainly on the legal framework for the protection of the rights of the minority communities and did not contain sufficient information on the implementation of those laws or on the extent to which minority communities actually enjoyed the rights guaranteed under the Convention.

(b) Positive aspects

494. The Committee noted the efforts of the Government to incorporate the Convention into domestic law and that in cases of conflict between its provisions and those of domestic legislation the Convention would prevail. The Committee welcomed the announcement that the Government intended to adhere to the Optional Protocol to the International Covenant on Civil and Political Rights. The Committee also noted information that the Government might consider making a declaration under article 14 of the Convention.

495. The Committee expressed its satisfaction at the promulgation of the Constitutional Law on Human Rights and Freedoms and the Rights of Ethnic and National Communities or Minorities. The Committee noted that effective implementation of that progressive legislation could play a crucial role in establishing the foundation for mutual respect and cooperation among the various ethnic and national communities.

(c) Principal subjects of concern

496. The Committee noted with concern the general lack of clarity in a number of basic legal provisions guaranteeing non-discrimination in the enjoyment of human rights and fundamental freedoms for members of the minority communities. In some cases, guarantees would appear to apply only to citizens of Croatia; in other cases, it was not clear whether the rights of all ethnic and national groups were equally protected.

497. The Committee expressed concern over problems relating to statelessness and noted that delays in the processing of applications for citizenship had led to interruption in the provision of educational and social benefits for members of the minority communities.

498. The Committee was concerned about the practice of illegal and arbitrary detention, disappearance, torture, deaths in custody and other human rights abuses by Croatian armed and paramilitary forces. The Committee was also concerned about reports of prisons run by private groups who took non-ethnic Croatians into custody for the purpose of exchanging them for ethnic Croatians held by other forces.

499. The Committee expressed concern over the circulation in Croatia of ethnic lists of persons considered non-Croatian in origin, which were used for discriminatory purposes, particularly concerning employment opportunities. The Committee was also deeply concerned over the reported use of Nazi insignia, in particular by elements of the Croatian army.

500. The Committee was concerned about the actual implementation of recent laws adopted to ensure non-discrimination in the enjoyment of human rights and fundamental freedoms by minorities in Croatia. Effective policies and implementing mechanisms for existing constitutional and legal guarantees would be of decisive importance in efforts to restore inter-ethnic tolerance and harmony.

501. The Committee was informed by the State party that it was unable to implement the Convention in part of its territory where the dominant group did not recognize its authority.

502. The Committee noted with great concern that links existed between Croatia and Croatian militias and paramilitary groups responsible for massive, gross and systematic violations of human rights in Bosnia and Herzegovina in territories controlled by Croats.

503. The Committee was also concerned that Croats in Bosnia and Herzegovina were hindering the attempts of the Government of that State to implement the Convention.

(d) Suggestions and recommendations

504. The Committee recommended that the application of existing laws and regulations aimed at protecting the rights of non-ethnic Croatians should be closely monitored and that mechanisms concerned with their implementation should be strengthened. In that connection, continuous monitoring of the actual situation pertaining to minority communities would be necessary in order to measure the success of government policies and to indicate where changes, including affirmative action, should be considered in regard to minority groups which were particularly vulnerable or disadvantaged.

505. The Committee emphasized the obligation of the State party, under article 4 of the Convention, to condemn racist activities, organizations and propaganda and to make such offences punishable by law. Given the sensitive situation prevailing not only in the country but also in the region, condemnation, prohibition and prosecution should also extend to ultra-nationalist and extremist activities on ethnic grounds, such as the circulation of ethnic lists and the display of Nazi emblems or the holding of non-ethnic Croatians in secret prisons. At the same time, active and visible measures should be taken by authorities at all levels to promote inter-ethnic tolerance and understanding among the general public. To that end, the Government should encourage multi-ethnic organizations and movements and foster an ongoing dialogue among leaders and representatives of the various communities to ensure respect for the observance of human rights and the rights of the minority communities and their participation in the democratic process. The Committee by no means encouraged trends for separation or secession.

506. The Committee urged the Government of Croatia to undertake all measures at its disposal with a view to bringing to an end the massive, gross and systematic human rights violations occurring in those areas of Bosnia and Herzegovina controlled by Croats. The Committee also urged the State party to assist efforts to arrest, bring to trial and punish all those responsible for crimes which would be covered by the terms of reference of the International Tribunal established pursuant to Security Council resolution 808 (1993).

(e) Further action

507. The Committee, taking into account the invitation extended to it by the representative to send one of its members to Croatia, requested the State party to confirm to the Secretary-General by 1 October 1993 if it wished to accept that a mission be undertaken by the country rapporteur under the advisory services and technical assistance programme of the Centre for Human Rights to assist the Government in reporting on the implementation of the Convention.

508. In accordance with article 9, paragraph 1, of the Convention, the Committee requested further information from the State party on measures taken to implement the provisions of the Convention, particularly in view of the concluding observations adopted by the Committee at its forty-third session. The State party was requested to provide that information by 1 January 1994 so that it might be considered by the Committee at its forty-fourth session.